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2025 DAILYLAW 175544 (ALL)

ALTAF v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO.

/11905/2025 · 2025-12-15

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11905 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Range Case No.11 of 2025- 2026, under Section 27/51(1-C), 31/51(1-C), 35(6)/51(1-C) Wild Life (Protection) Act, 1972 & Section 26, 41, 42 Indian Forest Act & Section 7/55 (2) Biodiversity Act, Range Belranyan, District Lakhimpur Kheri. Learned counsel for the petitioner submits that a false recovery of knife along with 41 logs of eight teak trees, nine bicycles, two saws, and one axe have been shown from the applicant. He further submits that the said recovery is not supported by any independent public witness. The applicant has no criminal antecedents and has been falsely implicated in the present case. Learned counsel further submits that the alleged offence is triable by a Magistrate. The applicant has been in judicial custody since 14.10.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not Versus Counsel for Applicant(s) : Arsh Bugga, Surya Prakash Counsel for Opposite Party(s) : G.A. Altaf .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. .....Opposite Party(s) misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. Upon due consideration of the facts that the applicant has no criminal antecedents; the alleged offence is triable by a Magistrate; the applicant has been in judicial custody since 14.10.2025; there is no independent witness to the alleged recovery, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Altaf, involved in the aforesaid FIR/Case crime number, 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 Madhu D.R/P.S BAIL No. 11905 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench