MANTORA @ MANTORI AND 2 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO.
/1141/2025 · 2025-10-14
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201525 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201525 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1141 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed by the applicant apprehending his arrest in Range Case No. 04/2012-13, U/s 9,27,35 (6), 51 (1) Wild Life Protection Act, Range-Bankati, District-Lakhimpur Kheri. Heard learned counsel for the applicants and learned A.G.A. for the State. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case due to enmity. The applicants are senior citizens. Applicant No.1 is 78 years old, applicant No.2 is of 69 years and the applicant No.3 is 60 years of age. A total of 66 individuals have been named as accused. There is no independent witness to support the alleged incident, and no recovery has been made from the possession of the applicant. The applicants undertake to cooperate in the trial proceedings and has no criminal antecedents. Learned A.G.A. has opposed the anticipatory bail application. On due consideration to the facts that the applicants are not a previous convict, general role has been attributed to all 66 accused persons, which appears to be highly improbable, and further taking into account the applicants' undertaking to cooperate with the trial, the co-accused Ram Khelawan has been granted anticipatory bail by this court vide order dated 31.7.2025 passed in Anticipatory Bail No.833 of 2025, this Court is of the considered view that the applicants deserve to be granted anticipatory bail. Versus Counsel for Applicant(s) : Brijesh Kumar Counsel for Opposite Party(s) : G.A. Mantora @ Mantori And 2 Others .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s)
This opinion is also fortified by the judgment of the Hon?ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to their continued cooperation during the trial In view of the above, the accused-applicants Mantora alias Mantori, Bhikkhu alias Khissu and Rajkumar alias Ram Kumar are directed to surrender before the trial court within a period of twenty days from today.
Upon their surrender, the trial court shall release them on anticipatory bail, subject to their furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicants shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicants shall not travel outside India without prior permission from the Court; (iii) The applicants shall not attempt to influence or intimidate any prosecution witness; (iv) The applicants shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. October 14, 2025 kkb/ ABAIL No. 1141 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench