Ram Lakhan v. State of UP Through Prin. Secy. Home, Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12846 of 2023 Applicant :- Ram Lakhan Opposite Party :- State Of Up Through Prin. Secy. Home, Lko. Counsel for Applicant :- Ashok Kumar,Chandra Prakash Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ashok Kumar, the learned counsel for the applicant, Sri Anant Pratap Singh, the learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Range Case No. 19/2023-24, under Sections 26, 41/42 Indian Forest Act and Section 7/55(2) of the Biological Diversity Act, 2002, Range Dhaurahra, District Lakhimpur Kheri.

¶3The aforesaid case has been registered on the basis of a complaint alleging that the accused person had fell some trees.

¶4In the affidavit filed in support of the application it has been stated that the applicant is innocent and he has no criminal history.

¶5The learned counsel for the applicant has submitted that the offence alleged carry a maximum punishment of imprisonment for a period of six months and the applicant is languishing in jail since 03.10.2023.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the mandate of the Hon'ble Supreme Court in the case of Satender Kumar Antil v CBI

(2022) 10 SCC 51, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Ram Lakhan be released on bail in Range Case No. 19/2023-24, under Sections 26, 41/42 Indian Forest Act and Section 7/55(2) of the Biological Diversity Act, 2002, Range Dhaurahra, District Lakhimpur Kheri on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 3.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench