HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1218 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in Range Case:- 03/2020-21, Case No. 14179/2020, under Sections 09/27/29/31/39/49B/51(1C)/52 of Wild Life Protection Act, Range Sujauli, District Bahraich. Heard learned counsel for the applicant and learned A.G.A. for the State. In prosecution case, it is alleged that in connection with a forest range incident, the applicant along with others brutally assaulted a female leopard, which ultimately led to its death. The said leopard was a protected species under Schedule I of the Wild Life (Protection) Act, 1972. Learned counsel for the applicant submits that the applicant has no previous criminal record. There is no independent eyewitness to the incident, and the applicant has been falsely implicated. It is further contended that the applicant was neither present at the spot nor apprehended from the spot. The incident is dated 23.04.2020. It is also submitted that the applicant has cooperated during the course of investigation and undertakes to cooperate in the trial. It is further submitted that the co-accused Bablu has been granted protection by this court vide order dated 2.7.2025 passed in Anticipatory Bail No.736 of 2025. On due consideration to the fact that the offence is triable by a Magistrate, the applicant has no criminal antecedents, and in view of the undertaking Versus Counsel for Applicant(s) : Roshan Lal Counsel for Opposite Party(s) : G.A. Vishal Kumar .....Applicant(s) State Of U.P. Thru. Addl. Prin. Secy. Home Deptt., Lko. .....Opposite Party(s) given on his behalf to cooperate with the trial, the protection granted the co- accused, named above, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail, in view of 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 cooperation in the trial. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of 10 days from today. Upon his surrender, the trial court shall release him on interim 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 following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; 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 4, 2025 kkb/ ABAIL No. 1218 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench