SIYARAM AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO.
/1006/2025 · 2025-09-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164207 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164207 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1006 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. 2. Heard Sri Brijesh Kumar, learned counsel for the applicants, Sri Prashant Tripathi, 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. 05/2012-13, under Sections 9, 27, 35(6), 51(1) of Wild Life Protection Act, registered at Range Bankati, District Lakimpur Kheri. 4. The aforesaid case has been registered on the basis of a range case lodged on 14.05.2012 against 15 persons, including the applicant, stating that the accused persons had cut down and taken away 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 has no criminal history and the involvement of the applicant no. 2 in one case has been disclosed in supplementary affidavit filed in support of the affidavit, in which she has not receive any summon or notice. 6. The learned counsel for the applicants has submitted that the alleged offence carries a maximum punishment of imprisonment upto three years. Versus Counsel for Applicant(s) : Brijesh Kumar Counsel for Opposite Party(s) : G.A. Siyaram And Another .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s)
He further submitted that five co-accused persons have been granted interim anticipatory bail in the present case and copy whereof has been annexed as Annexure No. 4 to the affidavit. 7. The learned A.G.A. has opposed 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 applicants- Siyaram and Rajkumari @ Ram Kumari 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. 1006 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench