Bhagiram Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Neutral Citation No. - 2025:AHC-LKO:39911

Court No. - 30

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6450 of 2025 Applicant :- Bhagiram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Kaushal Kishore Tewari,Shakti Counsel for Opposite Party :- G.A.

¶4

Hon'ble Om Prakash Shukla,J.

¶5

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

¶6

The present bail application has been filed by accused-applicant seeking bail in Range Case No.01/25-26, under Sections 9/51(1-C), 39/51(1-C), 48A/51(1-C), 49B/51(1-C) of Wild Life (Protection) Act & Section 26 of the Indian Forest Act, Range Palia, District Lakhimpur Kheri.

¶7

Learned counsel for the applicant has filed a supplementary affidavit today in the Court, which is taken on record.

¶8

Learned counsel for applicant submits that offence is triable by magistrate. Maximum sentence under the offence is three years. There is no independent witness of the arrest or recovery. The alleged recovery is false. Applicant has been falsely implicated in this case.

¶9

He further submits that the applicant has no other criminal history, however, after lodging of the present F.I.R., the applicant has falsely been implicated in one more case bearing Case Crime No.0132 of 2025, under Section 262 B.N.S. at Police Station Palia, District Lakhimpur Kheri, wherein he has already been enlarged on bail by the learned trial court. He further submits that the applicant is in jail since 17.04.2025.

¶10

He further submits that co-accused, Prakash Chaudhary, having identical role has already been released on bail by co-ordinate Bench of this Court vide order dated 08.07.2025 passed in Criminal Misc. Bail Application No.6066 of 2025, therefore, on the ground of parity, the present applicant may also be released on bail.

¶11

Learned A.G.A. has opposed the bail prayer but he could not dispute the contentions raised by learned counsel for the applicant.

¶12

On due consideration to the submissions advanced, perusal of the record, as also the fact that the applicant is languishing in

¶13

jail since 17.04.2025 having no other criminal history except one case, which has been registered after the accused was taken into custody in the present case, offence is triable by magistrate, no independent witness of the arrest or recovery, co-accused, having identical role, has already been enlarged on bail by coordinate Bench of this Court and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

¶14

Accordingly, the bail application is allowed .

¶15

Let the applicant, Bhagiram be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

¶16

(i) The applicant will not tamper with the evidence during the trial.

¶17

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

¶18

(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶19

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.

¶20

(v) 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 269 of BNS.

¶21

(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS is issued and the 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 209 BNS.

¶22

( Om Prakash Shukla,J. )

¶23

Order Date :- 14.7.2025/Saurabh

¶24

Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Bhagiram v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

What is this about?

What did the court decide?

Bhagiram v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Abhishek Singh vs State of U.P. Thru. Addl. Secy. Deptt. Home Lko and Another

Baliram @ Balram Nishad Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Krishnakant Yadav and Another Vs State of U.P. Thru. Secy. Home Lko. and 3 Others

Uday Raj vs State of U.P. Thru. Addl. Chief Secy. Home Lko.

Raj vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Suman Devi vs State of U.P. Thru. Prin. Secy. Home Lko. and 11 Others