Mohd. Islam @ Pappu v. State Of U.P. Thru. Prin. Secy. Deptt. Of Environment Forest And Climate

Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is contended that the applicant was not arrested from the spot and that no recovery has been effected from him. It is further submitted that the alleged recovery of 30 khair logs was made from the field of the co-accused, Shahid. The applicant has duly explained his criminal antecedent relating to four cases in paragraph 20 of the bail application. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Upon consideration of the facts that the offence alleged is triable by a Magistrate; the applicant has satisfactorily explained his criminal history; he was not arrested from the spot and he has remained in judicial custody since

03.10.2025, this Court finds it to be a fit case for enlarging the applicant on bail. 2 BAIL No. 12428 of 2025 Accordingly, the bail application is allowed. Let the applicant Mohd. Islam @ Pappu, involved in Range Case No. 09/2025-26, Under Section 26, 41/42, of the Indian Forest Act and Section 7/55(2) of the Biological Diversity Act, 2002, Forest Range: Majhgai, District-Lakhimpur Kheri, be released on bail in the aforementioned case 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. January 14, 2026 R.C. (Karunesh Singh Pawar,J.)