Neutral Citation No. - 2025:AHC-LKO:39292 Court No. - 13 664 Case :- CRIMINAL APPEAL No. - 664 of 2025 Appellant :- Rakesh Yadav @ Kunnu Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Sanjay Kumar Singh,Shakshi Verma Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Service upon opposite party No.2-Informant is sufficient as appears from the Office report dated 28.03.2025 as also Annexure No. CA-1 to the counter affidavit filed by the State. However, today when the case called out, no one appeared on behalf of opposite party No.2 to oppose the present appeal. 2. In the aforesaid background of the case, this Court proceeded to hear the appeal on merits. 3. 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 13.01.2025 passed by Special Judge, SC/ST Act, Unnao in Bail Application No. 3693 of 2024, arising out of Case Crime No. 0262 of 2024 under Sections 352, 351(3) & 109 BNS 2023 and Section 3(2)(v) of SC/ST Act, P.S.-Bihar, District-Unnao. 4. It is stated that according to the FIR, which is the basis of criminal proceedings i.e. FIR No. 0262 of 2024 dated 02.11.2024 lodged at P.S.-Bihar, District-Unnao against the appellant and one unknown person under Sections 352, 351(3) & 109 BNS 2023 and Section 3(2)(v) of SC/ST Act, the incident occurred on 01.11.2024 at about 08:30 PM at the place where orchestra was organised. 5. Further FIR indicates that injured is the son of informant and during orchestra programme altercation took place between appellant and son of the informant namely Vipin and the appellant caused various knife injuries to the injured-Vipin. As per this FIR, one injury was caused with knife at the head/skull and various blows of knife were given by the appellant in the abdomen of injured-Vipin. 6. It is further stated that upon due medical examination of injured-Vipin only one injury was found at the abdomen that too penitrating wound and the said wound was treated by adopting the procedure of Graham Patch Technique and these facts indicates that the injury was not fatal. 7. It is also stated that in the instant case motive and element of planning is missing and as such, the case would ultimately fall under Section 324 IPC. 8. Thus, taking note of aforesaid facts and circumstances of the case, the appellant, having no criminal history is in jail since 12.11.2024, is entitled to be released on bail and the impugned order is liable to be set aside and the appeal is liable to be allowed. 9. 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. 10. 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., injury report as well as other relevant documents including the statement(s) recorded by the Investigating Officer during investigation. 11. 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. 12. The order dated 13.01.2025 passed by Special Judge, SC/ST Act, Unnao in Bail Application No. 3693 of 2024, arising out of Case Crime No. 0262 of 2024 under Sections 352, 351(3) & 109 BNS 2023 and Section 3(2)(v) of SC/ST Act, P.S.-Bihar, District-Unnao, is hereby set aside. 13. Let appellant-Rakesh Yadav @ Kunnu be released on bail in the aforesaid case crime number 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. 14. 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. Order Date :- 10.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench