Allowed

Mahesh v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC7 Feb 2024/877/2024

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Mahesh under sections of the Wild Life Protection Act and Biological Diversity Act. The court extended bail subject to furnishing a personal bond with sureties and compliance with specific conditions regarding witness tampering and trial cooperation.

What did the court decide?

Release on bail with a personal bond and two sureties, subject to conditions against tampering with evidence and ensuring cooperation in the trial.

Mahesh Vs State of U.P. Thru. Prin. Secy. Home… — Environment and Pollution | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:11464

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 877 of 2024

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Applicant :- Mahesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Roshan Lal Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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1.Supplementary affidavit dated 01.02.2024 filed by the applicant is taken on record.

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Learned A.G.A. informs that he has procured complete instructions in the matter including upto date case diary of the case.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Mahesh for grant of bail, in Range Case No.22/ 2023-24, under Sections 9/ 51 (1), 49 (B)/ 51 (1), Wild Life Protection Act and Section 7/ 55 (2) of Biological Diversity Act, Range- Maigalganj, District- Lakhimpur Kheri, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication and applicant has been arrayed as an accused in this case only on account of enmity with the forest officials/ officers, as the village of the applicant is situated at the outskirts of the Reserve forest and it is due to non-fulfillment of the illegal demand of the forest officers/ officials, this false case has been lodged against the applicant.

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It is further submitted that even if the case of the prosecution is taken on its face, only a plastic rope and a bhali (sharp edged weapon) is shown to have been recovered from the applicant and no endangered species of any animal or bird has been recovered from applicant and tortoise is shown to have been

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recovered from the other co-accused person. Thus, the applicant has been involved in this case only with the help of Section 34 I.P.C.

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It is further submitted that so far as the Wild Life Act is concerned, the possession is punishable and without there being any other evidence, the applicant may not be involved in this case with the help of Section 34 I.P.C. He is in jail in this case since 17.11.2023. Criminal history of one case has been alleged against the applicant, however, he has never received any summons or process of the Trial Court with regard to that case and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A., on the other hand, opposes the prayer of bail of the applicant.

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Considering the fact that no species of any animal or bird is shown to have been recovered from the possession of the applicant and the recovery from the applicant is only of a rope and bhali . He is in jail in this case since 17.11.2023, the facility of bail may be extended to the applicant. The presence of the applicant could be secured before the trial court by placing adequate conditions.

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Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed .

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Let the accused/applicant- Mahesh involved in abovementioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without

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seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.

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Order Date :- 7.2.2024 Gurpreet Singh

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mahesh v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Mahesh v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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