AMAN SINGH ALIAS GOLU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 5 OTHERS
CRLA/686/2025 · 2025-06-10
Rajeev Singh
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 126054 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126054 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35227 Court No. - 11 Case :- CRIMINAL APPEAL No. - 686 of 2025 Appellant :- Aman Singh Alias Golu Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others Counsel for Appellant :- Sheo Pal Singh,Dhananjai Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record. 2. The present appeal has been filed seeking following reliefs:-
"To set aside the order dated 20.01.2025 passed by the Special Judge (SC/ST Act), District- Sitapur in Bail Application no. 10/2025 and appeal be allowed and appellant/applicant be released on bail in case crime no. 451/2024, under section- 115(2), 126(2), 333, 351(2), 352, 105, 117(4), 3(6) BNS and 3(2) (v), 3(1)da, 3(1)dha SC/ST Act, Police Station- Khairabad, District-Sitapur, during pendency of trial."
3. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case and he is in jail since 29.11.2024. He next submits that co-accused, namely, Monu Singh @ Amit Singh has been granted bail by this Court vide order dated 27.05.2025 passed in Crl. Appeal No. 966 of
2025. He also submits that the appellant undertakes that in case he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. vehemently opposes the prayer of the appellant. However, he does not dispute the fact that co- accused, namely, Monu Singh @ Amit Singh has already been granted bail by this Court. 5. Considering the submissions of learned counsel for the parties and going through the record, it is evident that co- accused, namely, Monu Singh @ Amit Singh has already been granted bail by this Court. Therefore, the appellant is entitled for bail and the impugned order is liable to be set aside. 6. 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 20.01.2025 passed by the Special Judge (SC/ST Act), District- Sitapur in Bail Application no. 10/2025 is hereby set aside. 7.
Let the appellant- Aman Singh Alias Golu 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 I.P.C./269 B.N.S. (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./84 B.N.S.S. 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 I.P.C./209 B.N.S. (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./351 B.N.S.S. 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. 8. Office is directed to communicate this order to the trial court, forthwith. Order Date :- 10.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench