Bablu @ Basant Kumar Vs State of U.P. Thru. Prin. Secy… — Anticipatory Bail | Allahabad HC (2025)

Bablu @ Basant Kumar Vs State of U.P. Thru. Prin. Secy… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: applicant to surrender before the trial court within twenty days, whereupon he is to be released on interim anticipatory bail on furnishing a personal bond and two sureties of the same amount, subject to the enumerated conditions (no tampering with evidence or witness influence, no travel abroad without leave, presence on all dates, liberty to cancel on violation).

Issue for consideration

Whether the applicant, apprehending arrest in Range Case No. 03/2020-21 (Case No. 14179/2020) under Sections 09/27/29/31/39/49B/51(1C)/52 of the Wild Life Protection Act, is entitled to anticipatory bail under Section 438 Cr.P.C.

Court's answer

The applicant is entitled to anticipatory bail, having regard to the offence being triable by a Magistrate, his lack of criminal antecedents, and the undertaking to cooperate with the trial, in view of the Supreme Court judgment in Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1, subject to his cooperation in the trial.

Ratio / Principle

The applicant is directed to surrender before the trial court within twenty days; upon surrender, the trial court shall release him on interim anticipatory bail on a personal bond and two sureties of the same amount, subject to conditions including non-tampering with evidence, no travel outside India without permission, no influencing of prosecution witnesses, and presence on all scheduled dates, with liberty to the trial court to cancel bail on violation.

Key takeaways

The observations made in granting bail shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶17

Detailed headnote1 paragraphs

Anticipatory bail — S.438 Cr.P.C. — Offence under Sections 09/27/29/31/39/49B/51(1C)/52, Wild Life (Protection) Act, 1972 — alleged brutal assault on a female leopard, a Schedule I protected species, causing its death (Range Sujauli, District Bahraich; incident dated 23.04.2020) — applicant has no criminal antecedents, offence triable by a Magistrate, undertaking given to cooperate with trial — relying on Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1, applicant held entitled to anticipatory bail — directed to surrender within twenty days; trial court to release on interim anticipatory bail on personal bond and two sureties, with conditions against tampering, witness intimidation and foreign travel without permission — application allowed. (Neutral Citation: 2025:AHC-LKO:37326)

Neutral Citation No. - 2025:AHC-LKO:37326

Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 736 of 2025 Applicant :- Bablu @ Basant Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in Range Case:- 03/2020-21, Case No. 14179/2020, under Sections 09/27/29/31/39/49B/51(1C)/52 of Wild Life Protection Act, Range Sujauli, District Bahraich.

Heard learned counsel for the applicant and learned A.G.A. for the State.

In prosecution case, it is alleged that in connection with a forest range incident, the applicant along with others brutally assaulted a female leopard, which ultimately led to its death. The said leopard was a protected species under Schedule I of the Wild Life (Protection) Act, 1972.

Learned counsel for the applicant submits that the applicant has no previous criminal record. There is no independent eyewitness to the incident, and the applicant has been falsely implicated. It is further contended that the applicant was neither present at the spot nor apprehended from the spot. The incident is dated 23.04.2020. It is also submitted that the applicant has cooperated during the course of investigation and undertakes to cooperate in the trial.

On due consideration to the fact that the offence is triable by a Magistrate, the applicant has no criminal antecedents, and in view of the undertaking given on his behalf to cooperate with the trial, this Court is of the considered opinion that the

applicant is entitled to be granted anticipatory bail, in view of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the trial.

In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on interim anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:-

(i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence;

(ii) The applicant shall not travel outside India without prior permission from the Court;

(iii) The applicant shall not attempt to influence or intimidate any prosecution witness;

(iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance;

(v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant;

Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

In view of the aforesaid, the application is allowed .

Order Date :- 2.7.2025/R.C.

Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench