Neutral Citation No. - 2025:AHC-LKO:34432 Court No. - 13 Case :- CRIMINAL APPEAL No. - 678 of 2025 Appellant :- Dharmendra Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Appellant :- Anoop Kumar Upadhyay Counsel for Respondent :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for appellant and learned A.G.A. appearing on behalf of State. 2. As per office report dated 01.04.2025 opposite party no.2 has been served through heir but has not put in appearance. 3. Criminal Appeal has been filed under Section 14-A(2) SC/ST Act against bail rejection order dated 10.02.2025 passed by Special Judge SC/ST Act, District Lucknow rejecting the second bail application No. 141 of 2025 of the appellant in case crime No. 354 of 2024 under Sections 147, 148, 149, 332, 353, 504, 506, 327 I.P.C. & 3(2) (V) SC/ST Act of P.S. Kotwali Nagar, District Gonda. 4. As per contents of FIR, the incident is said to have taken place on 24.05.2024 when the nominated persons along with 20 other unidentifiable persons are said to have attacked the informant and seriously injured him since he refused to make illegal payment of bills. 5. It is submitted that appellant has been falsely implicated in allegations levelled against him which would be quite evident from the fact that he is neither named in the FIR nor in the first statement given by the informant and has been introduced only in the subsequent statement of informant which was recorded as an after thought. It is submitted that appellant has previous criminal history of four cases, which has been explained in the affidavit and the appellant is under incarceration since 02.01.2025. 6. Learned A.G.A. appearing on behalf of the State has opposed the appeal but did not dispute the aforesaid fact. 7. Upon consideration of submissions advanced by learned counsel for parties, prima facie, subject to evidence being led in trial, it appears that the appellant is neither named in the FIR nor in the first statement of informant and has been introduced only in the subsequent statement. At this stage there does not appear to be any allegation levelled against the appellant of having injured the informant or having made any cast based epithets against the informant. It is admitted that the appellant has four previous criminal history which has already been explained and appellant is under incarceration since 02.01.2025. 8. Considering the facts and circumstances of the case and submissions of learned counsel for parties, without commenting upon merits, it appears that the learned court below has failed to appreciate the material available on record. In view of the above, the order passed by the court below is liable to be set aside. Accordingly appeal is allowed and the order dated 10.02.2025 is set aside. 9. Let appellant (Dharmendra Kumar) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions which are being imposed in the interest of justice:- (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/intimidate the prosecution witnesses. (iii) 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. (iv) 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. (v) 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 229-A of the Indian Penal Code. (vi) 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. Order Date :- 4.6.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench