Neutral Citation No. - 2025:AHC-LKO:13027 Court No. - 13 Case :- CRIMINAL APPEAL No. - 449 of 2025 Appellant :- Satish Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko And Another Counsel for Appellant :- Shiv Sharan Singh Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Counter affidavit filed by learned A.G.A. is taken on record. 2. Heard learned counsel for the appellant and learned A.G.A. for the State. 3. It is evident from the record that notice has already been served on the complainant of the present case, but none appears today on his behalf. 4. The instant Crl. Appeal u/s 14-A(2) of SC/ST Act has been filed against the order dated 18.12.2024 passed by the Special Judge, SC/ST Act, Sitapur in Bail Application No. 863 of 2024 arising out of Case Crime No. 444 of 2024 u/s 115(2), 352, 351(2), 331(6) B.N.S. and 3(1) da, dha, 3(2)(va) of SC/ST Act, Police Station- Hargaon, District- Sitapur, by means of which the bail application of the appellant has been rejected. 5. Learned counsel for the appellant submits that the complainant of the present case assaulted nephew of the appellant, namely, Punit Kumar, after that, some quarrel was taken place between the parties and due to political interference, F.I.R. of the appellant could not be lodged. He further submits that Punit Kumar was examined on 23.09.2024 at 8:55 pm as he was sent to C.H.C. along with Constable- Amit Kumar for his medical examination. Thereafter, Shripal was also medically examined on 23.09.2024 at 10:44 pm, who went to C.H.C. along with PRD Rajesh. He next submits that F.I.R. of the case in question was lodged after four days and during the course of investigation, injury report of Punit Kumar as well as other evidence relied by the appellant and his associates was not considered by the Investigating Officer and then charge-sheet was submitted by him in the most mechanical manner, hence, indulgence of this Court is required. 6. Learned A.G.A. vehemently opposes the prayer of the appellant. However, he does not dispute the fact that Punit Kumar, nephew of the appellant, received injuries in the said incident and was medical examined on 23.09.2024 at 8:55 pm. 7. Considering the submissions of learned counsel for the parties and going through the contents of the appeal, impugned order, F.I.R. as well as other relevant documents, it is evident that Punit Kumar was medically examined on 23.09.2024 at 8:55 pm and four injuries were found on his body, but this fact was not considered by the Investigating Officer. Therefore, the impugned order passed by the trial Court is liable to be set aside and the appellant is entitled for bail. 8. Resultantly, in view of the above facts and circumstances of the case as well as keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is accordingly allowed. The order dated 18.12.2024 passed by the Special Judge, SC/ST Act, Sitapur in Bail Application No. 863 of 2024 is hereby set aside. 9. Let the appellant- Satish 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 appellant 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. Office is directed to communicate this order to the trial court, forthwith. Order Date :- 3.3.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench