Rajesh vs The State Of U.P. Thru. Deputy Director ...

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 341 of 2026

Rajesh

.....Applicant(s)

Versus

The State Of U.P. Thru. Deputy Director Dudhwa Tiger Reserve Lakhimpur Kheri And Another

.....Opposite Party(s)

Counsel for Applicant(s)

:

Rahul Kumar

Counsel for Opposite Party(s)

:

G.A.

Court No. - 28

HON'BLE RAJEEV BHARTI, J.

1. The present anticipatory bail application has been filed seeking anticipatory bail in Range Case No.16/2015-2016, under Sections 2, 27, 31, 35(6), 52, 51(1) of Wild Life Protection Act & Section 26, 41 and 42 of Indian Forest Act, Range- Gaurifanta Range, District- Lakhimpur Kheri.

2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

3. The aforesaid range case has been registered on 18.03.2016 against 28 named accused persons and 14 unnamed persons stating that the accused persons had cut some trees and caused damage to the natural habitat of wild animals.

4. Learned counsel for the applicant submits that offences are triable by Magistrate. The applicant is innocent and has been falsely implicated in this case. He further submits that no recovery has been made from the applicant. The applicant has no previous criminal history. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.

5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel.

6. Considering the above aspects of the matter, perusal of the record, the offences are triable by Magistrate, general and vague allegations have been levelled against 42 persons (including the applicant), undertaking given on behalf of the applicant that he shall cooperate in the trial, judgment of Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, and without entering into the merit of the case, it would be appropriate to grant protection to the applicants.

7. In view of the above, it is provided that the applicant shall surrender before the concerned court within ten days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court with the following conditions:-

(i) The applicant shall cooperate in the trial and he will not influence the witnesses.

(ii) The applicant shall not leave India without previous permission of the Court.

Any other condition which the trial court may deem fit and proper may also be imposed.

In case of default, it would be open for the trial court to proceed in accordance with law.

8. The application is allowed accordingly.

(Rajeev Bharti,J.)

May 7, 2026

Anand/-