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2025 DAILYLAW 168278 (ALL)

ASHOK KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME U.P. LKO. AND ANOTHER

ABAIL/1111/2025 · 2025-09-26

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. - 1111 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Rajendra Singh, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A. appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.211/2003, under Sections- 420, 467, 468, 471 I.P.C. and Section 4/10, 41, 42 Indian Forest Act and Section 3/28 of UP Transit Timber and Other Forest Produce Rules, 1978, registered at Police Station- Fatehpur, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.08.2003 against four persons including the applicant stating that during routine checking, a truck was intercepted, in which, wood was being transported without any transit pass. The truck was taken into custody. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the wood was taken into custody and, thereafter, it was released in favour of co-accused, Ram Sanwaley by means of order dated 18.09.2003 passed by the Chief Judicial Magistrate, Barabanki. 5. It has further been stated in the affidavit that the applicant is an innocent person, has been falsely implicated in the present case and he Versus Counsel for Applicant(s) : Rajendra Singh Counsel for Opposite Party(s) : G.A. Ashok Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. And Another .....Opposite Party(s) has no criminal history. 6. The learned A.G.A. has opposed the anticipatory bail application. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the seized wood has already been released in favour of a co-accused coupled with the fact that the applicant does not have any criminal history, 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- Ashok Kumar before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing a 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 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 26, 2025 V. Sinha ABAIL No. 1111 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench