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2025 DAILYLAW 178112 (ALL)

PREM SINGH AND 2 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO.

ABAIL/1255/2025 · 2025-11-13

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. - 1255 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.11/2015-16 under sections 2, 9, 27, 30, 31, 32, 35(6), 51(1) of Wild Life Protection Act and section 26 of Indian Forest Act, Range Bankati, district Lakhimpur Kheri. 2.Heard learned counsel for the applicants and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that while patrolling Ambergarh/Belghat beat by the forest Wildlife Guard along with the other staff, it was observed that many men and women from Bankati and other villages were destroying the natural habitat of wild animals and setting the jungle on fire. 4.Learned counsel for the applicants submits that offences are triable by Magistrate. The applicants have been falsely implicated due to enmity. The applicants have no criminal history. There is no independent witness to the alleged incident nor there is any witness to the alleged recovery. Learned counsel for the applicants undertakes that the applicants 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. Prem Singh, Bhagpati alias Bhagwat and Ram Shankar .....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 applicants that they shall cooperate in the trial, the offence is triable by Magistrate, prima facie the allegation appears to be vague, 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 applicants shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicants shall be released on anticipatory bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicants shall cooperate in the trial and they 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 13, 2025 kkb/ ABAIL No. 1255 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench