Neutral Citation No. - 2025:AHC-LKO:42384 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1068 of 2025 Appellant :- Himanshu Awsthi Respondent :- State Of U.P. Thru Principal Sec. Home And Another Counsel for Appellant :- Ramendra Kumar,Mohd. Shahid Akhtar,Pankaj Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Case called out. No one appeared on behalf of the private opposite party No. 2/complainant despite service of notice, as appears from the Office Report dated 28.06.2025. Learned AGA is present in the Court. In these circumstances, this Court proceeded to hear the instant bail appeal on merits. 2. Heard learned counsel for the appellant and Sri Ajay Kumar Srivastava, learned AGA for the State of U.P. as well as perused the record. 3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 12.03.2025 passed by Special Judge (SC/ST Act), Sitapur in Bail Application No. 89 of 2025, arising out of Case Crime No. 71 of 2017, under Sections- 147, 148, 149, 323, 325, 307, 504, 506 IPC and Section- 3(2)(5) of SC/ST Act, Police Station- Ramkot, District- Sitapur. 4. For the purposes of deciding the instant appeal, this Court considered the following facts:- (i) The appellant was sent to jail in connection with the FIR in issue registered as Case Crime No. 0071 of 2017, under Sections- 147, 148, 149, 323, 325, 307, 504, 506 IPC and Section- 3(2)(v) of SC/ST Act at Police Station- Ramkot, District- Sitapur. (ii) Thereafter, the appellant preferred Bail Application No. 326/2017 (Himanshu Awsthi vs. State) before the court of Additional Sessions Judge, Court No. 2, Sitapur seeking bail in Case Crime No. 0071 of 2017, which was allowed vide order dated 12.10.2017 and the appellant was released on bail. (iii) Thereafter, the appellant could not appear before the court concerned at the stage of 313 Cr.P.C. and therefore, Non- Bailable Warrant was issued and the appellant was taken into custody and sent jail and he is languishing in jail since 01.04.2024. (iv) The statement of appellant in terms of Section 313 Cr.P.C. has been recorded, as appears from the copy of order sheet placed before this Court alongwith supplementary affidavit dated 11.07.2025, and the order of the trial court dated 03.04.2024, a copy of which is also part of the order sheet. 5. In view of the aforesaid facts and circumstances of the case, learned counsel for the appellant submitted that the present appeal is liable to be allowed and the impugned order may be set aside and the appellant, who is languishing in jail since 01.04.2024, may be enlarged on bail. 6. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid facts. 7. Upon due consideration of the facts and circumstances of the case, as afore-stated, and also the submissions of counsel for the parties, F.I.R., impugned order and the fact that the statement of appellant in terms of Section 313 Cr.P.C. has been recorded as well as that the appellant is in jail since 01.04.2024 and chances of conviction of the appellant in the instant case, this Court finds it appropriate to allow the present appeal and enlarge the appellant on bail at the stage of defence evidence. Accordingly, the instant appeal is allowed. 8. Order dated 12.03.2025 passed by Special Judge (SC/ST Act), Sitapur in Bail Application No. 89 of 2025, arising out of Case Crime No. 71 of 2017, under Sections- 147, 148, 149, 323, 325, 307, 504, 506 IPC and Section- 3(2)(5) of SC/ST Act, Police Station- Ramkot, District- Sitapur is hereby set aside. 9. Let the appellant- Himanshu Awsthi be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties relating to his family members to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (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 shall 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. 10. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law 11. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) 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(s) made in this order. Order Date :- 23.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench