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2025 DAILYLAW 177078 (ALL)

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

ABAIL/1309/2025 · 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. - 1309 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.16 of 2015-16 under sections 2, 27, 31, 35(6), 52, 51(1) of Wild Life Pratection Act, 26, 41, 42 of Indian forest Act, Range Gaurifantqa, district Lakhimpur Kheri. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that on 18.3.2016 at about 5.00p.m. while the complainant was on patrolling duty, he saw 28 named and 14 unnamed persons cutting already fallen trees. 4.Learned counsel for the applicant submits that the allegation in the prosecution case is against 28 named persons. There is no recovery from the applicant. There is no independent witness of the incident. The offences are triable by Magistrate. The co-accused Ram Khelawan has been granted anticipatory bail by this court vide order dated 20.11.2025 passed in Anticipatory Bail No.1304 of 2025. The applicant claims parity. 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. 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) 6.Considering the above aspects of the matter, perusal of the record, the undertaking given on behalf of the applicant that he shall cooperate in the trial, bail order of the co-accused Ram Khelawan, criminal history has been explained in para 2 of the supplementary affidavit, 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 20 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, on the ground of parity. November 25, 2025 kkb/ ABAIL No. 1309 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench