GURNAM SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
ABAIL/1318/2025 · 2025-11-25
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179046 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179046 (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. - 1318 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.35 of 2015-16 under section 26 of Indian Forest Act, Range Sampurna Nagar, 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 8.10.2025 at about 5.30p.m. while the complainant along with forest guard was on routine patrolling duty, upon information received by informant that some accused persons were extracting woods from the river, they tried to catch the accused, however, they were successful in fleeing. 4.Learned counsel for the applicant submits that offences are triable by Magistrate. The applicant has no criminal history. The complaint case has been registered after two years of the incident without any explanation of delay. General allegation has been made on four persons who have been implicated by name without disclosing the source of identification. It is a case of false implication. 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) : Aman Kumar Shrivastav Counsel for Opposite Party(s) : G.A. Gurnam Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....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, the offences are triable by Magistrate, the applicant has no criminal history, 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 10 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 25, 2025 kkb/ ABAIL No. 1318 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench