Neutral Citation No. - 2025:AHC:76055 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10448 of 2025 Applicant :- Raheesh Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant and learned A.G.A. 2. The instant bail application has been filed on behalf of the applicant Raheesh, with a prayer to release him on bail in Case Crime No.04 / Sur Sarovar/2020-2021, under sections 9, 27, 29, 31, 39, 50 & 51 of Indian Forest and Wildlife Protection Act and Section 26 of Indian Forest Act, Police Station Sikandra, District Agra during pendency of the trial. 3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely been implicated in the present case. As per FIR version, co-accused Rafeek was arrested by Forest Officials in the area of Sur Sarovar Birds Sanctuary Keetham, Agra, while engaging in prohibited activity of fishing in forest area. Two Indian soft tortoise and 32 dead fishes whose weight was about 250 kg and fishes of some other species were recovered from the place of arrest four fishing nets were also recovered from possession of co-accused. 4. He next submitted that accused/applicant is neither arrested on the spot nor any recovery has been effected from him. He next submitted that the name of the accused/applicant is surfaced only on the basis of confessional statement of arrested accused Rafeek. Applicant/accused submits that he under takes to abide by the conditions of bail, if he is granted bail. He lastly submitted that main accused Rafeek, from whose possession recovery has been effected has already been released on bail vide order dated 05.11.2020 passed by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.36011 of 2020. Accused/applicant has criminal history of five cases and he has explained the same in affidavit filed in support of bail application. The applicant is in jail since 25.01.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail, and co- operate in trial. Hence, the accused/applicant may be released on bail. 5. Learned A.G.A. has opposed the bail prayer of the applicant. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant, Raheesh, who is involved in Case Crime No.04 / Sur Sarovar/2020-2021, under sections 9, 27, 29, 31, 39, 50 & 51 of Indian Forest and Wildlife Protection Act and Section 26 of Indian Forest Act, Police Station Sikandra, District, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when 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. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 9.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad