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2025 DAILYLAW 202632 (ALL)

MOLI RAM AND 8 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

ABAIL/1177/2025 · 2025-10-28

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. - 1177 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.09/2011-12 under sections 2, 9, 27, 31, 36(6), 49(B), 52, 51(1) of Wild Life Protection Act, Range Bankati, P.S. Gaurifanta, district Lakhimpur Kheri. 2.Heard learned counsel for the applicants and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that offences are triable by Magistrate. The applicants are innocent and they have been falsely implicated. In the prosecution case, allegation has been made regarding an incident which has allegedly taken place on 21.1.2012 by 450 ladies and gents. It is submitted that no recovery has been made from the applicants. The applicants have explained criminal history in para 13 of the bail application. Learned counsel for the applicants undertakes that the applicants shall cooperate in the trial. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. Versus Counsel for Applicant(s) : Akhilesh Singh Chauhan Counsel for Opposite Party(s) : G.A. Moli Ram, Mayawati Devi, Basant Lal, Rambeti, Kshatrapal, Naipali, Rewati, Chaina Devi and Jagat Ram .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 5.Considering the above aspects of the matter, perusal of the record, the offences are triable by Magistrate, general and vague allegations have been levelled on 450 persons, undertaking given on behalf of the applicants that they shall cooperate in the trial, 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. 6. In view of the above, it is provided that the applicants 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 applicants shall be released on anticipatory bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicants shall cooperate in the trial and they will not influence the witnesses.The applicants 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. 7. In case of default, it would be open for the trial court to proceed in accordance with law. 8. The application is allowed accordingly. October 28, 2025 kkb/ ABAIL No. 1177 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench