HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 576 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Supplementary affidavit filed by the learned counsel for the appellant is taken on record. 2. This Court on 08.08.2025 passed the following order:- "Office report dated 04.03.2025 indicates that the service upon the opposite party No.2 is sufficient. However, when the case is called out no one is present on behalf of the opposite party No.2. In the interest of justice, case is adjourned for the day. List this case on 20th August, 2025, in top 10 cases. It is made clear that in case on the next learned counsel for the opposite party No.2 is not present, case would not be adjourned on any ground including the ground of illness/out of station or sanctioned leave and the case would be decided with the assistance of learned A.G.A." 3. Today when the case called out, no one appeared on behalf of opposite party No. 2 to oppose the present bail appeal which relates enlargement of appellant on bail. 4. Taking note of aforesaid as also the order dated 08.08.2025, this Court proceeded to hear the present bail appeal on merits. 5. Heard learned counsel for the appellant and learned AGA for the State and perused the record. 6. By means of instant appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 the appellant has challenged the impugned order dated 02.01.2025 passed by Special Judge, SC/ST Act, Sitapur in Bail Application No. 872 of 2024, arising out of Case Crime No. 425 of 2024 under Section 103 BNS & under Section 3(2)5 of SC/ST Act, P.S.-Mahmoodabad, District-Sitapur. Versus Counsel for Appellant(s) : Sushil Kumar Verma, Ramesh Gupta, Viksit Srivastava, Yojana Srivastava Counsel for Respondent(s) : G.A., Pankaj Kumar Shobharam .....Appellant(s) State Of U.P. Thru. Secy. Home Lko And Another .....Respondent(s) 7. It is stated that the appellant, having no criminal history to his credit, which has not been refuted by the learned AGA for the State on the basis of counter affidavit on record, is in jail since 09.10.2024. 8. It is also stated that before the trial Court the statement of the main witnesses of fact i.e. informant has already been recorded and as such, there is no chance of influencing the witness of the fact by the appellant. 9. It is also stated that as per story of prosecution, the deceased was assaulted with lathi-danda by the appellant and by one Chaman Verma, who is real brother of the appellant, in the house/premise belonging to the accused persons and such there is no eye-witness to the prosecution story and therefore the fact as to whether the deceased was assaulted with lathi-danda is the subject matter to be adjudicated by the trial Court after taking note of evidence adduced by the parties before it and in fact the appellant has not assaulted the deceased with any weapon what to say about lathi. 10. It is further stated that upon perusal of the statement of independent witnesses namely Arvind Gupta, Saroj, Sukhnandan and Dhanpal, annexed as Annexure No.4 with the present appeal, would support the case of appellant, according to which, the appellant paid the wages to the informant and other labourers, who were there in the agricultural field of the appellant. 11. Further stated that the body of the deceased was not found from the house/premise of accused persons and the same was found from the place near to the Panchayat Bhawan. In the aforesaid background of the case, present bail appeal may be allowed and appellant may be enlarged on bail. 12. Learned A.G.A. vehemently opposed the prayer of the applicant, however, he could not dispute the above contentions made by the appellant's counsel. 13. Considered the arguments advanced by the learned counsel for the appellant- applicant, learned A.G.A. and gone through the contents of the appeal, impugned order, F.I.R., post-mortem report as well as other relevant documents including the statement(s). 14. Upon due consideration of above facts and circumstances as also keeping in view the fact that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed. 15. The order dated 02.01.2025 passed by Special Judge, SC/ST Act, Sitapur in Bail Application No. 872 of 2024, arising out of Case Crime No. 425 of 2024 under Section 103 BNS & under Section 3(2)5 of SC/ST Act, P.S.-Mahmoodabad, District- Sitapur, is hereby set aside. 16. Let appellant- Shobharam be released on bail in the aforesaid case crime number CRLA No. 576 of 2025 2 on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant will cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (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 will 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. 17. As this order relates to enlargement of the appellant on bail, it is clarified that observations 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 made in this order. September 8, 2025 Vinay/- CRLA No. 576 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench