Neutral Citation No. - 2025:AHC-LKO:14944 Court No. - 13 Case :- CRIMINAL APPEAL No. - 222 of 2025 Appellant :- Arvind Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Pawan Kumar Pandey,Pratibha Agnihotri Counsel for Respondent :- G.A.,Ana Fatma,Mohd. Salman Hon'ble Rajeev Singh,J. 1. Rejoinder affidavit filed on behalf of the appellant today is taken on record. 2. Heard learned counsel for the appellant, learned counsel for the private respondents, learned A.G.A. for the State- respondents and perused the record. 3. The present appeal has been filed for setting aside the impugned order dated 21.12.2024 passed by Additional Sessions Judge/Special Judge SC/ST Act, Hardoi in Bail Application No. 3305/2024 (Arvind Mishra Vs. State of U.P.) arising out of Case Crime No. 661/2024 under Sections 103(1) BNS and Section 3(2)(V) of SC/ST Act, Police Station- Pihani, District- Hardoi. 4. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case as initially FIR was lodged against unknown persons. He further submits that the appellant was implicated on the basis of extra judicial confession of the appellant made before one Pushpendra after two months from the date of incident and merely on this evidence, charge sheet was submitted by the investigating officer. Except extra judicial confession of the appellant, there is no evidence but this fact was not considered by the court below, therefore, the impugned order is liable to be set aside and the appellant is entitled to be released on bail. 5. Learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer of appellant and submitted that in the extra judicial confession, the appellant himself has admitted to commit the offence but they do not dispute this fact that except extra judicial confession of appellant, there is no evidence. 6. Considering the submissions of learned counsel for the parties, going through the contents of impugned order as well as FIR and other relevant material, on the basis of extra judicial confession, involvement of the appellant was found and this fact was not considered by the court below rightly, this Court is of the view that learned trial court is 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. 7. 7. 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 21.12.2024 passed by Additional Sessions Judge/Special Judge SC/ST Act, Hardoi in Bail Application No. 3305/2024 (Arvind Mishra Vs. State of U.P.) arising out of Case Crime No. 661/2024 under Sections 103(1) BNS and Section 3(2) (V) of SC/ST Act, Police Station- Pihani, District- Hardoi is hereby set aside. 8. Let the appellant- Arvind Mishra 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:- (1) 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. 9. In case of breach of any of the conditions, it shall be ground for cancellation of bail. Order Date :- 11.3.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench