Neutral Citation No. - 2025:AHC-LKO:14091 Court No. - 13 Case :- CRIMINAL APPEAL No. - 31 of 2025 Appellant :- Sonelal Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Vivek Kumar Divedi,Arti Dwivedi,Manish Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Counter affidavit filed by learned AGA is taken on record. 2. It is evident from the record that notice has already been served upon private respondent, however, none appears on his behalf. Therefore, the matter is being proceeded for final disposal. 3. Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record. 4. The present appeal has been filed for quashing the impugned order dated 17.10.2024 passed by the Learned Additional Session Judge/Special Judge S.C./S.T. Act, Hardoi in Bail Application No.2503/2024; Sonelal Vs. State of U.P. in Case Crime No.272/2024, U/Ss-103(1), 238, 70(1)B.N.S. & 3(2)(v) S.C./S.T.(P.A.)Act, Police Station- Sandila, District- Hardoi, 5. Learned counsel for the appellant submits that appellant was falsely implicated in the present case on the ground that he is associated with in the co-accused, namely, Intkhab @ Jangli and his involvement was found on the basis of confession statement. Except the confession statement, there is no evidence found by the Investigating Officer during the investigation. He further submits that as per the prosecution case, deceased was in conversation with Intkhab @ Jangli, she went out on 29.08.2024 but did not come back, thereafter, her body was found on 30.08.2024 in the bushes near miner, thereafter, the FIR of case in question was lodged. He further submits that the co-accused, Intkhab @ Jangli, who is the name accused in the present case, has already been enlarged on bail by the Co- ordinate Bench of this Court vide order dated 10.12.2024 passed in Criminal Appeal No.3545 of 2024. (copy of the said order has been annexed at Annexure No.11 with the appeal) He further submits that the appellant is in jail since 02.09.2024, charge sheet has already been filed but the trial is not going on. Therefore, the impugned order is liable to be set aside and appellant may be enlarged on bail. 6. Learned A.G.A. opposes the prayer of appellant but he does not dispute this fact that the charge-sheet was filed against the appellant only on the basis of confession statement. He also concedes this fact that the co-accused, Intkhab @ Jangli has already been enlarged on bail. 7. Considering the submissions of learned counsel for the appellant, learned A.G.A. and going through the contents of appeal as well as other relevant documents; it is evident that charge-sheet was filed against the appellant only on the basis of confession statement. Co-accused, Intkhab @ Jangli has already been enlarged on bail. The appellant is in jail since but the trial is not going on. In such circumstances, this Court is of the view that learned trial court failed to consider the aforesaid aspects, hence, the aforesaid impugned order is liable to be set aside and appellant is entitled to be released on bail. 8. Resultantly, in the above facts and circumstances of the case, the trial of the case is not likely to be concluded in near future, hence, the present appeal has substance, and it is accordingly allowed, and the impugned order dated 17.10.2024 passed by the Learned Additional Session Judge/Special Judge S.C./S.T. Act Hardoi is hereby set aside. 9. Let the appellant- Sonelal involved in the aforementioned crime 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, with the following conditions:- (i) The appellant shall file an undertaking to the effect that he will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The appellant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the appellant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. In case of breach of any condition, it shall be ground for cancellation of bail. 11. Trial court is directed to conclude trial, expeditiously without giving any unnecessary adjournment to either of the parties. Order Date :- 7.3.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench