HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1306 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed by the applicant apprehending his arrest in Range Case No. 05/2011-12, U/s 2, 27,35 (6), 51 (1), 52 Wild Life Protection Act, 26, 41/42 of Indian Forest Act, Range- Bankati, District-Lakhimpur Kheri. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that the allegation in the prosecution case is vague. There is no recovery in this case. The allegations are general in nature. The applicant has been falsely implicated. The offences are triable by Magistrate. The applicant has explained criminal history of two cases in para 24 of the bail application. The applicant undertakes to cooperate in the trial proceedings. The co-accused Ram Khelawan alias Ram Khelawan Ram has been granted protection by this court vide order, Annexure No.4. Learned A.G.A. has opposed the anticipatory bail application. On due consideration to the facts that the applicant has explained criminal history, the offences are triable by Magistrate, the co-accused, noted above, has been granted anticipatory bail, the allegations, prima facie seem to be vague, the applicant's undertaking to cooperate with the trial, this Court is of the considered view that the applicant deserves to be granted anticipatory Versus Counsel for Applicant(s) : Brijesh Kumar Counsel for Opposite Party(s) : G.A. Ram Khelawan .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) bail. This opinion is also fortified by the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued cooperation during the trial In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the condition that he shall cooperate in the trial and shall not misuse the protection granted by this court. Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. November 25, 2025 kkb/ ABAIL No. 1306 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench