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2025 DAILYLAW 164126 (ALL)

KRIPA SHANKAR v. STATE OF U.P. THRU. SECY. HOME LKO.

/1010/2025 · 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. - 1010 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Ms. Ananya, Advocate holding brief of Shri Rizwanul Haque Ansari, learned counsel for the applicant, Shri Avishesh Kumar Singh, learned A.G.A. for the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in Range Case No.09 of 2019-20, under Sections 26, 41, 42 of Indian Forest Act registered at Range- Uttar Nighasan, District- Lakhimpur Kheri. 3. The aforesaid range case has been instituted on the basis of a complaint lodged by a Forest Range Officer on 02.03.2020 against three persons, including the applicant, stating that the accused persons had removed some plants. Upon being challenged by some Forest Officials, the accused persons ran away with some plants. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case. The applicant's involvement in two other range cases has been disclosed in para 19 of the affidavit, in one of which impugned fine has been imposed upon him and in other case, he has not received any summons. 5. Co-accused Uma Shankar has already been granted anticipatory bail by means of an order dated 04.09.2025 passed by this Court in Crl. Misc. Anticipatory Bail Application u/s 438 No.963 of 2025. Versus Counsel for Applicant(s) : Rizwanul Haque Ansari, Santi Counsel for Opposite Party(s) : G.A. Kripa Shankar .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) 6. Learned A.G.A. has vehemently opposed the bail application but he could not dispute the aforesaid facts. 7. The offence alleged carry a maximum sentence of imprisonment upto two years. 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 applicant. 9. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself 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. September 12, 2025 S. Shivhare ABAIL No. 1010 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench