ARJUN SAROJ v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
CRLA/362/2025 · 2025-03-03
Saurabh Lavania
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 120752 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120752 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:13920 Court No. - 12 Case :- CRIMINAL APPEAL No. - 362 of 2025 Appellant :- Arjun Saroj Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Avanindra Singh Parihar,Avanish Kumar Singh,Maitryee Singh Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J.
1. Ms. Anamika Tiwari, Advocate has filed Vakalatnama in Court today on behalf of the respondent no. 2 which is taken on record.
2. Heard learned counsel for the appellant, learned A.G.A. for the State as also Ms. Anamika Tiwari, learned counsel for complainant and perused the record.
3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the
order dated 07.10.2024 passed by Special Judge, SC/ST Act, Pratapgarh in Bail Application No. 2896 of 2024 arising out of Case Crime No.145 of 2024, under Sections- 147, 148, 149, 504, 286, 341, 302, 120-B I.P.C. P.S.- Baghrai, District- Pratapgarh. 4. While pressing the instant application for bail, learned counsel for the appellant submitted that the appellant is innocent and has falsely been implicated in the present case. No role has been assigned/attributed to the appellant and there is no eye witness of the last seen in this case. Appellant has no any criminal history. 5. He further stated that co-accused namely Nishant Tiwari @ Devendra Tiwari, Waqeel @ Anil, Sanjeet, Pawan Saroj and Jangu Saroj @ Jang Bahadur Saroj, having identical role, have already been enlarged on bail by this Court vide orders dated 13.11.2024, 23.01.2025, 23.01.2025, 28.01.2025 passed in Criminal Appeal No(s).3164 of 2024, 3718 of 2024, 3708 of 2024, 3715 of 2024 and 9 of 2025 respectively. Copy of bail orders of co-accused placed before this Court is taken on record. In these circumstances, the appellant is also entitled to be released on bail on the ground of parity. 6. He further submitted that the appellant, who is in jail since
16.07.2024 having no criminal history, which has not been opposed by the A.G.A. as well as learned counsel for the complainant, and also that possibility of conclusion of trial in near future is extremely bleak, therefore, the present appeal is liable to be allowed and the appellant be released on bail. 7. Learned counsel for the complainant as well as learned A.G.A. have vehementaly opposed the prayer for bail, however, they could not dispute the aforesaid contention of the counsel for the appellant. 8. Upon due consideration of the submissions advanced by the counsel for the appellant, learned cousnel for the complainant as well as learned A.G.A. for the State and going through the contents of the appeal, impugned order and other relevant documents, as also the fact that the co-accused have already been released on bail, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed. 9.
Order dated 07.10.2024 passed by Special Judge, SC/ST Act, Pratapgarh in Bail Application No. 2896 of 2024 arising out of Case Crime No.145 of 2024, under Sections- 147, 148, 149, 504, 286, 341, 302, 120-B I.P.C. P.S.- Baghrai, District- Pratapgarh, is hereby set aside. 10. Let appellant- Arjun Saroj released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence. (v) The appellant 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. (vi) The appellant shall remain present before the trial court on
each date fixed, either personally or through counsel. (vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) 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.
11. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
12. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order.
Order Date :- 3.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench