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2025 DAILYLAW 174918 (ALL)

SOHATTAR @ PHOOLSOHATTAR v. STATE OF U.P. THRU. SECY. HOME LKO.

ABAIL/1305/2025 · 2025-11-25

Karunesh Singh Pawar

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. - 1305 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in Range case No.19/2015-16 under sections 2, 9, 27, 30, 31, 35(6), 51(1) of Wild Life Protection Act and section 26 of Indian Forest Act, Range Bankati, district Lakhimpur Kheri. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that offences are triable by Magistrate. The applicant has explained criminal history of six cases in the supplementary affidavit. It is submitted that all the cases are similar in nature. In none of the cases, he has received any summon or notice from the court. It is submitted that along with 30-35 persons, the applicant has been falsely implicated. There is no recovery in this case nor there is any independent witness. 4.Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 6.Considering the above aspects of the matter, perusal of the complaint shows that the complaint case has been registered against 17 named accused making general allegations there appears to be no recovery, Versus Counsel for Applicant(s) : Brijesh Kumar Counsel for Opposite Party(s) : G.A. Sohattar @ Phoolsohattar .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) cognizance has been taken by the court, the undertaking given on behalf of the applicant that he shall cooperate in the trial, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. November 25, 2025 kkb/ ABAIL No. 1305 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench