Court No. - 11 Case :- CRIMINAL APPEAL No. - 622 of 2025 Appellant :- Kanhaiyalal Alias Kandhai Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. And Another Counsel for Appellant :- Mrs.Suniti Sachan,Gangeshwar Pandey,Rashi Sachan Counsel for Respondent :- G.A.,Prashant Chaudhary Hon'ble Rajnish Kumar,J. Heard Mrs. Suniti Sachan, learned counsel for the appellant, learned AGA and Sri Prashant Chaudhary, learned counsel for the respondent no.2. This criminal appeal under Section 14-A(2) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has been filed by the appellant against the order dated 10.02.2025 passed by the Special Judge, S.C./S.T.Act/Additional Sessions Judge, Lakhimpur Kehri in First Bail Application No.107/2025 in Case Crime No.06 of 2025, under Sections 109 B.N.S., 4/25 Arms Act and Section 3(2)(V) SC/ST Act, Police Station- Sharda Nagar, District-Lakhimpur Kheri. Learned counsel for the appellant submits that the appellant has falsely been implicated in the case, whereas he is innocent. She further submits that no weapon has been shown in the F.I.R. There is contradiction in the statement of the complainant as well as the victim, as the complainant on the one hand states that there was 'hasiya' in the hand of the appellant, whereas the victim says that there was 'baka' but the injury report does not indicate even a single injury. She further submits that before arrest of the applicant, the investigation said to had started at 5:00 and ended at 5:30, whereas it is not possible as the incident is of Lakhimpur Kheri, whereas the investigation was done at KGMC, Lucknow. She further submits that there is a criminal history of one case shown in paragraph 19 of the affidavit but the applicant has still not been summoned in the same. She further submits that the appellant is ready to settle the dispute with the victim, on account of which he has also given an affidavit to the effect that he does not want to proceed with the criminal proceedings.She further submits that the appellant is in jail since 08.01.2025 and in case he is released on bail he will not misuse the liberty granted by this Court and assist the trial court in early disposal of trial. Learned AGA opposes the submissions of learned counsel for the appellant. However he could not contradict the aforesaid submissions of learned counsel for the appellant. Learned counsel for the respondent no.2 submits that the respondent no.2 does not want to proceed with the criminal proceedings as he ready to settle the dispute. Having considered the submissions of learned counsel for the parties and gone through the records and the fact that no weapon has been shown in the F.I.R. and there is contradiction in the weapon used in the incident in the statement of the complainant and the victim and there is no injury report even of the 'Baka' which has been stated by the victim and the alleged casteist remarks cannot be said to be in full public view and the affidavit filed by the victim, this court is of the view that the court below has passed the impugned order without considering the same, which is liable to be set aside and the case for bail of the appellant is made out. The appeal is, accordingly, allowed. The impugned order dated 10.02.2025 passed by the Special Judge, S.C./S.T.Act/Additional Sessions Judge, Lakhimpur Kheri is hereby set aside. Let the appellant- Kanhaiyalal Alias Kandhai involved in the aforementioned case 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, subject to following conditions:- (i) The appellant shall file an undertaking to the effect that he shall 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of the Bhartiya Nyaya Sanhita, 2023. (iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bhartiya Nagrik Suraksha Sanhita, 2023 is issued and the applicants fail 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. (iv) The appellant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of Bhartiya Nagrik Suraksha Sanhita, 2023. (v) 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. Order Date :- 21.4.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench