HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11084 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. It is alleged that on the intervening night of 11/12.05.2019, while forest guards were patrolling in the reserve forest of the buffer zone, Jangal Matehra, they noticed the accused persons coming on a motorcycle. When an attempt was made to stop them, they allegedly threw some material they were carrying and fled from the spot, taking advantage of the darkness. It is further alleged that from the goods thrown by the applicant, a female leopard was recovered, which had sustained gunshot injuries and had a partially severed neck. Submission of learned counsel for the applicant is that the applicant is innocent and has no criminal antecedents. No test identification parade was conducted, and there is no eyewitness to the incident. It is also not clear from the prosecution case how the applicant came to be identified. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail application, contending that Latif Mohammad, the Beat In-charge, has identified the applicant. Upon perusal of the record and considering that the offence is triable by a Versus Counsel for Applicant(s) : Deo Raj Singh Counsel for Opposite Party(s) : G.A. Brij Kishor @ Mangare .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) Magistrate, the maximum punishment prescribed is up to seven years, there was no test identification parade, and the applicant, having no criminal antecedents, is languishing in jail since 06.10.2025, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Brij Kishor @ Mangare, involved in Range Case No. 05/2019-20, U/s: 9, 48-A, 51(1-C) of The Wild Life (Protection) Act, 1972 and section 26 of The Indian Forest Act, 1927, Range: Dhaurahara, Lakhimpur Kheri, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate BAIL No. 11084 of 2025 2 proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 13, 2025 R.C. BAIL No. 11084 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench