BABU @ SITARAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.
/11302/2025 · 2025-12-12
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 203255 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203255 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11302 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Accused-applicant seeks bail in Range Case No. 12 of 2025-26 under Sections 26, 41, 42 of Indian Forest Act, 1927, & Section 27/51(1-C), 29/51(1-C) of Wildlife Protection Act, 1972, P.S.-Murtiha, District- Bahraich. The submission of the learned counsel for the applicant is that the alleged recovery of four chunk of teak wood shown from the possession of the applicant is false, as there is no independent witness to the said recovery. The offence is triable by a Magistrate. The applicant has been in jail since
03.10.2025. It is further submitted that the applicant undertakes to furnish two local sureties and to cooperate in the trial in case he is enlarged on bail by this Court. The applicant has explained his criminal history of two cases in paragraph 2 of the supplementary affidavit. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He Versus Counsel for Applicant(s) : Ajay Pratap Singh Counsel for Opposite Party(s) : G.A. Babu @ Sitaram .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. .....Opposite Party(s)
submits that applicant is a Nepali citizen, however, he undertakes to cooperate in the trial after enlargement of bail. Considered the aforesaid and perused the record. On due consideration of the facts that applicant is languishing in jail since 03.10.2025, offence is triable by Magistrate and applicant has explained the criminal history of two cases, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed.
Let the applicant- Babu @ Sitaram involved in aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 12, 2025 Vinay/- BAIL No. 11302 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench