Neutral Citation No. - 2025:AHC:76052 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10507 of 2025 Applicant :- Fanna Opposite Party :- State of U.P. Counsel for Applicant :- Viveka Nand Rai Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant, learned counsel for the State and perused the material on record. 2. This bail application under Section 483 of Code of Criminal Procedure has been filed by the applicant, seeking enlargement on bail during trial in connection with Case Crime No.11/ Sur Sarovar/ 2021, under Sections 9, 27, 29, 31, 39, 50, 51, 52 Indian Forest Act and Wild Life Protection Act, 1972 (53) and Section 26/52 (Ka) Indian Forest Act 1927 (16) P.S.- Sikandra, District- Agra. 3. Learned counsel for the applicant submitted applicant is innocent and has falsely been implicated in the crime. Learned counsel for the accused-applicant submitted that according to prosecution version Forest Range Officer Rahul Jadaun, was on duty in Sur Sarowar Birds Sanctuary, Keetham Agra on 16.01.2021 alongwith some forest officials, and at around 04:30 hours when they reached behind the back of Anand Engineering College, they found three persons were loading some material in a tempo. Out of three persons two persons were caught on the spot and their names surfaced Ali Hussain and Akram Ali. Two persons fled away from the place of incident, on search, it was found, large number of dead fishes and some live fishes were loaded in a tempo in an illegal manner alongwith two live tortoise and also six number of nets were seized. 4. He further submitted that two persons were arrested from the spot namely Ali Hussain and Akram Ali have already been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 11781 of 2021 and Criminal Misc. Bail Application No,9415 of 2021, vide order dated 02.08.2021 and 19.02.2021 respectively. The applicant has neither been arrested from the spot nor any recovery has been effected from possession of the applicant. He next submitted that the name of the applicant is surfaced only on the basis of confessional statement of co- accused persons. The applicant is in jail since 08.02.2025, and if he released on bail, will not misuse the liberty of bail. The accused in not having any criminal history apart from this case. Hence he may be enlarged on bail. 5. Per contra, learned AGA opposed the prayer for bail, but could not dispute the aforesaid fact. 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, I am of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Fanna be released on bail in the aforesaid case crime number 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