HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13703 of 2025 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Rajeev Pushkar, holding brief of Sri Kamal Dev, learned counsel for the applicant and Sri B.P. Maurya, learned AGA for the State- respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 26 of 2025, under Sections 9, 39, 48, 49(Kha), 50, 51, 57 of Wildlife Protection Act, registered at Police Station Karhal, District Mainpuri, during pendency of the trial. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case.. It is further submitted that the co-accused Saleem has already been granted bail by this Court vide order dated 30.3.2026. passed in Criminal Misc. Bail Application No. 8780 of 2025. It is further submitted that the role of the applicant is not distinguishable from the role of the co-accused who has been granted bail. It is submitted that as per FIR, 390 protected breed tortoises were recovered from the possession of the applicant. It is also submitted that the applicant has been languishing in jail since 26.1.2025 and the trial is not likely to be concluded near future. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. Versus Counsel for Applicant(s) : Kamal Dev Singh Chanchal Counsel for Opposite Party(s) : G.A. Uttamdas .....Applicant(s) State of U.P. .....Opposite Party(s) 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant. 5. As per allegations in the FIR 390 protected breed tortoises are said to have been recovered from the possession of the applicant. Co-accused Saleem has already been granted bail by this Court. The applicant has been languishing in jail since 26.1.2025 and the trial is not likely to be concluded near future. 6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 7. Let the applicant- Uttamdas involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) 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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (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 the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for BAIL No. 13703 of 2025 2 cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. April 20, 2026 Abhishek BAIL No. 13703 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad