Allahabad High Court
UTTAMDASversusSTATE OF U.P.
- Decided
Holding
The Court held that bail is appropriate in the present circumstances and granted it.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Uttamdas, who is charged under Sections 9, 39, 48, 49(Kha), 50, 51 and 57 of the Wildlife Protection Act for possession of protected tortoises. The applicant argued that he was falsely implicated, that a co‑accused (Saleem) had already been granted bail, and that the trial was likely to be prolonged, seeking release on a personal bond. The State opposed the bail, emphasizing the seriousness of the wildlife offences. After reviewing the record, the Court, without expressing an opinion on the merits, found the case fit for bail and ordered his release on a Rs 50,000 personal bond with two sureties and specified conditions. The order was limited to the bail application and does not prejudice the trial court’s eventual judgment.
Issues considered
- Whether bail may be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to a person charged with offences under the Wildlife Protection Act
- Whether the grant of bail to a co‑accused (Saleem) influences the bail eligibility of the applicant
- Whether the anticipated pendency of the trial justifies bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Wildlife Protection Act — s. 39, 48, 49(Kha), 50, 51, 57, 9
Subjects
- bail
- criminal procedure
- wildlife protection
- Section 483
- B.N.S.S.
- pendency
- surety
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13703 of 2025
Uttamdas
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kamal Dev Singh Chanchal
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Rajeev Pushkar, holding brief of Sri Kamal Dev, learned
counsel for the applicant and Sri B.P. Maurya, learned AGA for the State-
respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant with a
prayer to release him on bail in Case Crime No. 26 of 2025, under
Sections 9, 39, 48, 49(Kha), 50, 51, 57 of Wildlife Protection Act,
registered at Police Station Karhal, District Mainpuri, during pendency of
the trial.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this case.. It is
further submitted that the co-accused Saleem has already been granted
bail by this Court vide order dated 30.3.2026. passed in Criminal Misc.
Bail Application No. 8780 of 2025. It is further submitted that the role of
the applicant is not distinguishable from the role of the co-accused who
has been granted bail. It is submitted that as per FIR, 390 protected breed
tortoises were recovered from the possession of the applicant. It is also
submitted that the applicant has been languishing in jail since 26.1.2025
and the trial is not likely to be concluded near future. It is also submitted
that the applicant undertakes that he will not misuse the liberty, if granted.
It has also been pointed out that in the wake of heavy pendency of cases
in the Court, there is no likelihood of any early conclusion of trial.
BAIL No. 13703 of 2025
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4. On the other hand, learned A.G.A. has opposed the prayer for grant of
bail to the applicant.
5. As per allegations in the FIR 390 protected breed tortoises are said to
have been recovered from the possession of the applicant. Co-accused
Saleem has already been granted bail by this Court. The applicant has
been languishing in jail since 26.1.2025 and the trial is not likely to be
concluded near future.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I
find it to be a fit case for bail. Hence, the present bail application is
ALLOWED.
7. Let the applicant- Uttamdas involved in the aforesaid case crime be
released on bail on his furnishing a personal bond of Rs. 50,000/- with
two sureties each in the like amount to the satisfaction of the Court
concerned with the following conditions :-
(i) The applicant shall not directly or indirectly make any inducement,
threat, or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the court or to any police
officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not
seek any adjournment on the dates fixed for evidence when the witnesses
are present in the trial court.
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
BAIL No. 13703 of 2025
3
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as
an expression on the merits of the case. The trial court shall be absolutely
free to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
(Jitendra Kumar Sinha,J.)
April 20, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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