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2025 DAILYLAW 27040 (ALL)

ARBAZ v. STATE OF U.P.

BAIL/8307/2025 · 2025-09-08

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8307 of 2025 Court No. - 67 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in R.C. No. 16 of 2024-25, under Sections 2, 9, 39, 48A, 49, 49A, 49B, 50, 51, 51A of Wildlife (Protection) Act, Police Station Van Vibhag, Prayag Range, District Prayagraj, during the pendency of trial. It is argued by learned counsel for the applicant that it is a complaint case. The forest inspector filed a complaint under Sections 2, 9, 39, 48A, 49, 49A, 49B, 50, 51, 51A of Wildlife (Protection) Act against the applicant-Arbaz and co-accused Salman, in which it is alleged that 369 tortoises have been recovered in 13 gunny bags and 3 bags from the possession of the applicant and co-accused Salman. Much emphasis has been given by contending that maximum sentence provided for the alleged offence against the applicant is three years, whereas applicant is languishing in jail since 11.01.2025 having no criminal antecedent. It is also pointed out that co-accused Salman under similar acquisition has been granted bail by this Court vide order dated 03.07.2025 in Criminal Misc. Bail Application No. 8442 of 2025 and there is no prospect of trial of the present case being concluded in near future due to heavy dockets. therefore, the applicant is also entitled to be enlarged on bail. Versus Counsel for Applicant(s) : Akash Yadav, Shiv Shankar Kaithal, Vipin Kumar Yadav Counsel for Opposite Party(s) : G.A. Arbaz .....Applicant(s) State of U.P. .....Opposite Party(s) Per contra, learned Additional Government Advocate representing the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Considering the detention period of the applicant as noted above and maximum punishment provided for the alleged offence, I am of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant-Arbaz, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. September 9, 2025 Kashifa BAIL No. 8307 of 2025 2 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad Digitally signed by :- KASHIFA High Court of Judicature at Allahabad