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2025 DAILYLAW 174800 (ALL)

HIRA LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/12634/2025 · 2025-12-15

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12634 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that the alleged offence is triable by a Magistrate. The applicant was not arrested at the spot, and his name has surfaced only in the confessional statements of the co-accused. No test identification parade has been conducted, and no recovery has been effected from the applicant. The applicant is in judicial custody since 06.10.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering the nature of allegations and the period of custody, and noting that the offence is triable by a Magistrate, the applicant was not arrested at the spot, no recovery or test identification parade has been conducted, and the implication is based on the confessional statements of co-accused, without commenting on the merits, this Court is inclined to grant bail to the applicant. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Abhishek Srivastava, Deepak Verma Counsel for Opposite Party(s) : G.A. Hira Lal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Let the applicant Hira Lal, involved in Range Case No. 030/2020-21, u/s: 27(3)/51(1-C), 52/51(1-C) of The Wild Life (Protection) Act, 1972 and Section 26, 41, 42 of The Indian Forest Act, 1927, and Section 379, 411 IPC, Range: Dhaurahara, District- Lakhimpur Kheri, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 15, 2025 R.C. BAIL No. 12634 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench