Court No. - 28 Case :- BAIL No. - 5062 of 2010 Petitioner :- Anil Kumar Respondent :- The State Of U.P. Petitioner Counsel :- Ratnesh Trivedi Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant and the learned AGA and perused
the record.
The learned counsel for the applicant submitted that the recovered articles,
i.e. skeleton of Barasingha (swamp deer) with horns, Nylon net, 12 Kg. live
fish, were planted by the police to implicate the applicant. It was also
submitted that the offences are triable by the Magistrate and the applicant is in
custody from 7.5.2010.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond if released on bail.
Keeping in view the nature of offence and evidence, complicity of the
accused, the severity of punishment and submissions of the learned counsel
for the applicant and the learned AGA, I am of the view that the applicant has
made out a case for bail.
Let the applicant Anil Kumar involved in the Range case no.3 of 2010-11,
under sections 2,9,27,29,31,35(6),39,49-B,50,51(1) of the Wild Life
Protection Act, Range South Sonaripur, police station Palia, district
Lakhimpur Kheri, be released on bail on his furnishing a personal bond and
two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 12.7.2010
RKSh