Neutral Citation No. - 2025:AHC:34477 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1390 of 2025 Applicant :- Patiram Alias Bhikam Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Prem Chandra Dwivedi, learned counsel for the applicant and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.9 of 2024 registered under Sections 147, 148, 332, 353, 504, 506 IPC, and Sections 9, 27, 29, 50, 51 of Wildlife (Protection) Act, 1972 and Section 26 of Indian Forest Act, Police Station- Basauni, District Agra with a prayer to enlarge him on anticipatory bail. 3. As per prosecution story, the co-accused person Pravesh Kumar and three others were arrested by the police involved in illegal fishing near Chambal River by the authorities on 24.02.2024. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The applicant although named in the FIR, his name has come up in the statement of the arrested co-accused person, which is not admissible in evidence. No equipment pertaining to fishing were recovered from the place of arrest of the co-accused persons. There is no criminal history of the applicant. He further submitted that co-accused, Novat Singh @ Kalu, has been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 15.05.2024, hence, applicant is also entitled to be granted anticipatory bail on the ground of same footing. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has apprehension of his arrest. Applicant's counsel undertakes that applicant has co-operated in the investigation and is ready to do so in trial also, failing which, the State counsel can move appropriate application for cancellation of anticipatory bail. 4. On the other hand, learned AGA has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant. 5. Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case. 6. Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed. 7. Let the applicant- Patiram @ Bhikam, who is involved in the aforesaid crime, be released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:- i. The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court. ii. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court. iii. That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; iv. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant. v. In case, the applicant misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law. vi. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. Order Date :- 10.3.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad