Neutral Citation No. - 2025:AHC-LKO:7347 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2298 of 2024 Applicant :- Balgovind Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Environment And Forest U.P. Lko. Counsel for Applicant :- Aditya Vikram Shahi,Shradha Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. 2. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in Range Case No. 05/2024-25 under sections 9/51(1), 52/51(1) of the Wild life (Protection) Act 1972 and 26 of the Indian Forest Act 1927 Range- Gola District- Lakhimpur Kheri. 3. From perusal of the order sheet, it appears that on 03.12.2024, the following order was passed:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Range Case No. 05/2024- 25 under sections 9/51(1), 52/51(1) of the Wild life (Protection) Act 1972 and 26 of the Indian Forest Act 1927 Range- Gola District- Lakhimpur Kheri. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that in fact the applicant is not a pocher and he himself had informed the watcher at 7:15 vide his mobile number as is evident from the copy of the call history appended as annexure no. 2 at page 24 of the bail application. He next added that the dialogue with the media person by the District Forest Officer is also evident that at the first hand, the department admitted that the death of the leopard is due to accident on bogwire and therefore, there can be no criminal intent to kill the leopard. He also added that the police only on the basis of suspicion has named the applicant and filed the complaint though, he was never involved in committing any offence. He submits that the applicant has no previous criminal history and he is poor farmer and he was never involved in committing offence. He argued that there is an acute apprehension that the applicant will be arrested by the police without his no fault thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Balgovind shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter in second week of January, 2025. In the meantime, the State may file counter affidavit. " 4. From perusal of the order dated 03.12.2024, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. 5. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Balgovind till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. 6. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 4.2.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench