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2025 DAILYLAW 170596 (ALL)

PANCHANAN AND 8 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO.

/2831/2024 · 2025-01-08

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1312 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2831 of 2024 Applicant :- Panchanan And 8 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Brijesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in Case Crime No. 1671 of 2019, Range Case No. 13/2018-19, under sections 9, 27, 44, 48-A, 51(1C) of Wild Life Protection Act and Section 26 of the Indian Forest Act, Range-Bheera, District-Kheri. Contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated. He added that the applicants were not arrested on spot and even no recovery has been done from their possession. He next submits that the applicants have no previous criminal history and they are always ready to cooperate in the investigation proceedings. He also submits that since there is an acute apprehension that the police will arrest the applicants and therefore, they may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicants and as such, they are not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of anticipatory bail. Accordingly, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicants, namely, Panchanan, Pankaj, Shankar, Ranjeet, Khokhan, Arun, Amitosh @ Amrit, Badal @ Amal and Krishna, till disposal of the trial subject to the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police ofÏcer 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 them from disclosing such facts to the Court or to any police ofÏcer 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. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 8.1.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench