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2025 DAILYLAW 184180 (ALL)

RAIS @ RAHEESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

ABAIL/1221/2025 · 2025-11-04

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. - 1221 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.08 of 2005-06 under section 26 of Indian Forest Act, Range North Nighasan, P.S. Singahi, district Lakhimpur Kheri. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.In the complaint, the allegation is that while the applicant along with others after cutting Shisham trees illegally were making logs, they were tried to be apprehended, however, they have successfully fled from the spot. Learned counsel for the applicant submits that offences are triable by Magistrate. The applicant has no criminal history. The prosecution story is highly improbable. It has not been shown by the prosecution as to how they have identified the applicant. It is a case of false implication. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 5.Considering the above aspects of the matter, perusal of the record, the Versus Counsel for Applicant(s) : Surendra Kumar Mishra Counsel for Opposite Party(s) : G.A. Rais @ Raheesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) undertaking given on behalf of the applicant that he shall cooperate in the trial, the incident is of 2005, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 6. 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. 7. In case of default, it would be open for the trial court to proceed in accordance with law. 8. The application is allowed accordingly. November 4, 2025 kkb/ ABAIL No. 1221 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench