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2025 DAILYLAW 163963 (ALL)

MADHOVAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

/997/2025 · 2025-09-12

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 997 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Supplementary affidavit filed by the learned counsel for the applicants is taken on record.d 2. Heard Sri Anjani Kumar Srivastava, learned counsel for the applicants, Sri Ashok Kumar Srivastava, learned A.G.A. appearing on behalf of the State and perused the record. 3. The instant application has been filed by the applicants seeking anticipatory bail in Range Case No. 12/2015-16 bearing Case Crime No. 2974 of 2016, under Sections 2, 9, 27, 31, 32, 35(6) 51(1) of Wild Life Protection Act and Section 26 of Indian Forest Act, registered at Gaurifanta, District Lakhimpur Kheri. 4. The aforesaid case has been registered on the basis of a range case lodged on 26.04.2024 against 33 persons, including the applicants, stating that the applicants had cut some trees from the reserved forests. 5. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicants are innocent and they have been falsely implicated in the present case. The applicant no.1 is involved in 11 other criminal cases and applicant no.2 is involved in 9 other criminal cases, which has been disclosed in the affidavit, the names of the applicants have been dropped in one of the cases and in rest of the cases, they have not received any summon/notice. Versus Counsel for Applicant(s) : Anjani Kumar Srivastava Counsel for Opposite Party(s) : G.A. Madhovar And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) 6. The learned counsel for the applicants has submitted that the alleged offence carries a maximum punishment of imprisonment upto three years. 7. The learned A.G.A. has opposed the anticipatory bail application but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicants. 9. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant- Madhovar and Gopi before the learned Trial Court in the aforesaid case crime, they shall be released on bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 applicants shall not leave India without the previous permission of the court. (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicants shall not pressurize/ intimidate the prosecution witness. September 12, 2025 Preeti. ABAIL No. 997 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench