Neutral Citation No. - 2025:AHC:72585 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5847 of 2025 Applicant :- Rohit And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Nasim Ahmad Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Compliance affidavit filed today by learned AGA on behalf of the State is taken on record. Heard Sri Mohd. Nasim Ahmad, learned counsel for the applicants, Sri Anil Kumar Singh, learned AGA for the State- Respondent and perused the record. The present bail application has been moved on behalf of accused- applicants, Rohit and Kishun, seeking enlargement on bail in Case Crime No. 052 of 2024-25, under Sections 2/9/39/51 of Wildlife Protection Act, 1972, Police Station Mirzapur Range, District Mirzapur. Learned counsel for the applicants argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicants further submits that the applicants are accused of smuggling 145 protected tortoises. He submits that 145 tortoises were recovered from the possession of the applicants' contained in five backpacks and one sack. The applicants have been arrested up from the Railway Station. There is no independent witness of the alleged incident. The applicants are languishing in jail since 15.01.2025. The applicants have no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail. He submits that the applicants are involved in the smuggling of protected tortoises. The aforesaid tortoise falls under the category of endangered/protected species under the Wildlife Protection Act, 1972. Investigation is going on against the applicants and their custodial interrogation is required. The offence committed by the accused are serious in nature and no relief can be granted to the applicants. In the light of the facts and circumstances of the present case, it would be inappropriate to discuss the evidence in depth at this stage because it is likely to influence the trial of the accused. But, from the perusal of the evidences, collected during investigation so far, prima-facie, the involvement of the accused in the present case cannot be ruled out. No reason is found to falsely implicate the applicants. Therefore, there is no good ground to release the applicants on bail at this stage. All the contentions raised by the learned counsel for the applicants pertain to the merits of the case and the same cannot be considered while considering application for grant of bail. This court is unable to form an opinion at this stage that the accused has not committed an offence. In the ultimate conclusion, considering the facts and circumstances of the case, gravity of the offence, severity of punishment, in my opinion, no case for bail is made out. Accordingly, the bail application is hereby rejected. It is clarified that the observations made regarding the bail application is limited to the decision of the bail application and any observations made herein shall not effect the trial of the case. Order Date :- 6.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad