RAM KHELAWAN v. STATE OF U.P. THRU. SECY. HOME LKO.
/1304/2025 · 2025-11-20
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177080 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177080 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1304 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case No.4671 of 2016 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.Learned counsel for the applicant submits that the applicant has been falsely implicated. He is serving as Shiksha Mitra at Kajariya village, Lakhimpur Kheri. There is no independent witness of the incident. No recovery has been made from the possession of the applicant or any of the co-accused persons. A total number of 32 accused are mentioned. The allegations in the prosecution case are vague. The applicant has explained criminal history of two cases in para 24 of the bail application. The offences are triable by Magistrate. 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 record, the undertaking given on behalf of the applicant that he shall cooperate in the 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)
trial, the applicant is not a previous convict, general role has been attributed to 32 accused persons without there being any recovery or any independent witness, 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. November 20, 2025 kkb/ ABAIL No. 1304 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench