BASIR AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
ABAIL/1085/2025 · 2025-09-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166979 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166979 (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. - 1085 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Jalaj Kumar Gupta, the learned counsel for the applicant as well as Sri Ashok Kumar Srivastava, the learned Additional Government Advocate appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in Range Case No.05/2018-19, under Sections 9, 51(1-C) Wild Life Protection Act and Section 26 of Indian Forest Act, registered at Police Station South Nighasan Range, District Lakhimpur Kheri. 3. The aforesaid range case has been registered on 23.05.2018 against five persons stating that the accused persons were removing skin of a dead neelgaay and upon being challenged by the forest officials they escaped. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case.It has also been submitted on behalf of the applicant that co-accused Nabab Ali has already been granted anticipatory bail by this court by means of an order dated 18.09.2025, passed in Criminal Misc. Anticipatory Bail Application No.1050 of 2025. 5. The learned A.G.A. has opposed the prayer for bail and he has Versus Counsel for Applicant(s) : Jalaj Kumar Gupta Counsel for Opposite Party(s) : G.A. Basir Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
submitted that the allegations have been established during investigation and charge sheet and complaint have already been submitted. 6. The maximum sentence that can be imposed for the alleged offence is imprisonment for seven years. 7. Having considered the aforesaid facts and circumstances of the case and without making any observations which may affect the outcome 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. 8. In view of the above, the anticipatory bail application of the applicant is allowed.
In the event of arrest/ appearance of applicant- Basir Ahmad 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 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 25, 2025 Ram. ABAIL No. 1085 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench