Court No. - 13 Case :- CRIMINAL APPEAL No. - 748 of 2025 Appellant :- Munnu Lal Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Vyas Narayan Shukla Counsel for Respondent :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for appellant and learned Additional Government Advocate appearing on behalf of respondent no.1. 1A. As per office report dated 02.04.2025, notice has been served personally on opposite party no.2 who has however not put in appearance. 2. Appeal has been filed under Section 14A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 against order dated 28.02.2024 passed by court below on Bail Application No.485 of 2024 rejecting the bail application of appellant with regard to Case Crime No.0634 of 2023 under Sections 147, 148, 149, 302, 307 & 504 I.P.C. & Section 3(2)(v) Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Gurubuxganj, District Raebareli and praying to enlarge the appellant on bail. 3. As per contents of first information report, the incident is said to have taken place on 09.11.2023 when applicant along with co- accused is said to have attacked and inflicted grievous injuries upon father of informant and one Dhirendra Kumar resulting in death of informant's father Ramdas Paswan and grievours injuries being suffered by the said Dhirendra Kumar. 4. Learned counsel for appellant submits that appellant has been falsely implicated in allegations levelled against him which would be evident from fact that in the first information report as well as in statement of injured, the weapon allegedly wielded by appellant is said to be a Farsa but the postmortem report clearly indicates only lacerated wounds on body of the deceased. The medical report of injured also indicates only two contusions. It is therefore submitted that injuries suffered by either of the person are not relatable to a Farsa. It is submitted that in similar circumstance, co-accused Arvind Soni, Avadhesh Kumar Yadav and Narendra Soni have already been enlarged on Bail in Criminal Appeals numbered 744 of 2025; 386 of 2024 and 909 of 2024 respectively. 5. Learned Additional Government Advocate appearing on behalf of State has opposed prayer for bail but does not dispute the submissions advanced. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that in the first information report as well as in the statement of injured, the weapon allegedly wielded by appellant is Farsa. The aspect of injuries suffered by the deceased and injured being relatable to the weapon allegedly used by appellant would be subject matter of evidence during trial but at this stage indicates only lacerated wounds having been suffered. The appellant is in custody since 11.11.2023 with trial not yet having concluded. Co-accused have already been enlarged on bail as indicated herein above. The aspect of caste related epithets and the nature thereof would also require consideration during trial. As such, the order passed by the court below is liable to be set aside. 7. Accordingly the appeal is allowed and order dated 28.02.2024 passed by court below on Bail Application No.485 of 2024 pertaining to aforementioned Case Crime, is hereby set aside. 8. Let appellant Munnu Lal, involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The appellant shall file an undertaking to the effect that he/she 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/her under Section 229-A of the Indian Penal Code. (iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his/her 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/her, in accordance with law, under Section 174-A of the Indian Penal Code. (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 313 Cr.P.C. 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/her in accordance with law. Order Date :- 4.6.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench