Navada vs State of U.P. Thru. Secy. Home Lko. — Anticipatory Bail | Allahabad HC (2026)

Navada vs State of U.P. Thru. Secy. Home Lko. — Anticipatory Bail | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted on the ground of parity: applicant to surrender within ten days of receipt of a certified copy of the order and be released on furnishing a personal bond and two sureties each in the like amount, subject to conditions of cooperation in the trial, non-influencing of witnesses, and no departure from India without prior permission of the Court.

Issue for consideration

Whether the applicant Navada, implicated in Range Case No. 26/2015-16 under Sections 2, 9, 27, 31, 32, 35(6), 51(1) of the Wild Life Protection Act and Section 26 of the Indian Forest Act (Police Station Bankati, District Lakhimpur Kheri), is entitled to anticipatory bail under Section 438 Cr.P.C., particularly on the ground of parity with co-accused already granted anticipatory bail.

Court's answer

Considering that the applicant has no criminal history, the maximum punishment for the alleged offence is three years, and anticipatory bail was already granted to the co-accused, the Court found it a fit case for granting the benefit of anticipatory bail to the applicant on the ground of parity.

Ratio / Principle

The applicant is directed to surrender before the concerned court within ten days from receipt of a certified copy of the order and, upon such surrender, is to be released on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial court.

Key takeaways

Conditions attached: the applicant shall cooperate in the trial, shall not attempt to influence witnesses, and shall not leave India without prior permission of the Court; the trial court may impose any other condition it deems fit, and in case of default of these conditions it is open to the trial court to proceed in accordance with law.ratio¶21
The anticipatory bail application is allowed on the ground of parity.ratio¶23

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Karunesh Singh Pawar, J.) allowed Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 77 of 2026 filed by Navada, stated by counsel to be a lady of innocent antecedents with no criminal history, sought to be proceeded against in Range Case No. 26/2015-16 under Sections 2, 9, 27, 31, 32, 35(6), 51(1) of the Wild Life Protection Act and Section 26 of the Indian Forest Act, Police Station Bankati, District Lakhimpur Kheri, wherein it was alleged that 19 persons including the applicant cut certain trees in a forest area. Noting that the maximum punishment prescribed is three years' imprisonment and that co-accused Ranno and four other accused persons had already been granted anticipatory bail by a Co-ordinate Bench (order annexed as Annexure No. 4), the Court granted anticipatory bail expressly on the ground of parity: the applicant was directed to surrender before the concerned court within ten days of receipt of a certified copy of the order and, upon surrender, to be released on a personal bond and two sureties each in the like amount to the satisfaction of the trial court, with conditions of cooperation in the trial, non-influencing of witnesses, and no departure from India without prior permission; further conditions and action on default were left to the trial court.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 77 of 2026

Navada

.....Applicant(s)

Versus

State Of U.P. Thru. Secy. Home Lko.

.....Opposite Party(s)

Counsel for Applicant(s) Counsel for Opposite Party(s)	: Brijesh Kumar : G.A.

Court No. - 15

HON'BLE KARUNESH SINGH PAWAR, J.

Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate for the State, and perused the record.

Present application has been filed seeking anticipatory bail in Range Case No. 26/2015-16 under Sections 2, 9, 27, 31, 32, 35(6), 51(1) of Wild Life Protection Act and Section 26 of the Indian Forest Act, Police StationBankati, District-Lakhimpur Kheri.

Learned counsel for the applicant submits that it is alleged in the complaint that 19 persons, including the applicant, cut certain trees in a forest area. It is further submitted that the applicant is a lady, is innocent, and has no criminal history. The maximum punishment prescribed for the offence in question is three years' imprisonment. The applicant undertakes to cooperate in the trial. It is also submitted that co-accused Ranno and four other accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order annexed as Annexure No. 4 to the bail application. The applicant, therefore, claims parity with the bail order passed in favour of the said coaccused.

Learned Additional Government Advocate has opposed the prayer for anticipatory bail.

Perused the record.

Upon due consideration of the facts and circumstances of the case, including

ABAIL No. 77 of 2026

2

that the applicant has no criminal history, the maximum punishment for the alleged offence is three years, so also the order of anticipatory bail to the coaccused, this Court finds it to be a fit case for granting the benefit of anticipatory bail to the applicant on the ground of parity.

Accordingly, it is directed that the applicant shall surrender before the concerned court within ten days from the date of receipt of a certified copy of this order. Upon such surrender, the applicant shall be released on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial court.

The applicant shall cooperate in the trial and shall not attempt to influence the witnesses. He shall not leave India without prior permission of the Court. The trial court shall be at liberty to impose any other condition it may deem fit and proper in the facts and circumstances of the case.

In case of default of any of the aforesaid conditions, it shall be open to the trial court to proceed in accordance with law.

The application is allowed on the ground of parity.

February 3, 2026 Vinay/-

(Karunesh Singh Pawar,J.)

Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench