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2025 DAILYLAW 195318 (ALL)

MUHIM @ MOHIN KHAN AND 2 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO.

ABAIL/1244/2025 · 2025-11-12

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. - 1244 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.77 of 2012-13 under sections 9/51 Wild Life Protection Act, Range Shardanagar, district Lakhimpur Kheri. 2.Heard learned counsel for the applicant and Mr. Alok Tiwari, learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that the applicants along with the co-accused persons on 6.2.2013 set up a trap and a Neelgai is said to have been caught in that trap. It is alleged that a leg of Neelgai was cut by the accused. The complainant also alleges that the range team has caught two accused persons Munna Khan and Nasir on the spot along with the recovered Neelgai. In the confessional statement of Munna and Nasir, name of the accused applicants has surfaced. 4.Learned counsel for the applicant submits that the applicants have been falsely implicated. They have no criminal antecedent. 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. He submts that two persona have been caught on the spot. In their statement, name of the applicants has surfaced. Recovery corroborates the statement of the co-accused persons who have been Versus Counsel for Applicant(s) : Rizwanul Haque Ansari, Santi Counsel for Opposite Party(s) : G.A. Muhim @ Mohin Khan And 2 Others .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) caught on the spot. It cannot be said to be a case of false implication. It is further submitted that the incident is of 6.2.2023. The complaint case was filed in the year 2013 itself and since then the applicants are absconding. The trial is delayed for the last 12 years due to non-cooperation of the applicants. The bail is liable to be rejected. 6.Considering the above aspects of the matter, perusal of the record, the fact that two accused persons have been caught on the spot along with recovery, name of the applicants has surfaced in the confessional statement of the two accused persons who have been caught on the spot, complaint case is pending since 2013, the applicants are absconding and bailable warrants are issued, conduct of the applicant and non-cooperation in the trial as also the merit of the case, this court does not feel that it is a case of false implication. No case for anticipatory bail is made out. 7.The application is accordingly dismissed. November 12, 2025 kkb/ ABAIL No. 1244 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench