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2025 DAILYLAW 198160 (ALL)

BILASA DEVI @ BILASON @ BIMLA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO.

ABAIL/1253/2025 · 2025-11-15

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. - 1253 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case No.2062 of 2018 Range case No.11/2011-12 under sections 9. 27. 31. 35(6), 51(1) of Wild Life Protection Act, Range Bankati, 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 62 named accused persons riding on 100 bullock carts have illegally taken timber of the forest. 4.Learned counsel for the applicants submits that offences are triable by Magistrate. There is no recovery from the applicants. It is a case of false implication. The applicant s have explained criminal history in the supplementary affidavit filed today, which is taken on record. Learned counsel for the applicants undertake that the applicants shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 6.Considering the above aspects of the matter, perusal of the record, the offences are triable by Magistrate, nature of allegation made in the complaint which is on record, there is no recovery made from the applicant, undertaking given on behalf of the applicant, judgment of Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, and without entering into the merit of the case, it would be appropriate to grant protection to the applicants. Versus Counsel for Applicant(s) : Brijesh Kumar Counsel for Opposite Party(s) : G.A. Bilasa Devi @ Bilason @ Bimla Devi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, Lko. .....Opposite Party(s) 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 15, 2025 kkb/ ABAIL No. 1253 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench