Neutral Citation No. - 2025:AHC-LKO:36725 Court No. - 9 Case :- CRIMINAL APPEAL No. - 1375 of 2025 Appellant :- Manoj Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Saket Kumar Gupta,Ashish Kumar Dixit,Nadeem Murtaza,Snigdha Singh Counsel for Respondent :- G.A.,Kapil Dev Chaubey Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the appellant and learned A.G.A. 2. This criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been filed by the accused/appellant against the impugned order dated 08.04.2025 arising out of Case Crime No. 19 of 2024, under Sections 307, 323, 504, 506 IPC and Section 3(1)(DA)(DHA) and 3(2)(V) SC/ST Act and Section 27/30 Arms Act, Police Station Thakurganj, District Lucknow, whereby learned Special Judge, S.C. /ST Act, Lucknow, rejected the bail application filed by the appellant. 3. Learned counsel for the accused/appellant while arguing the appeal, has argued that earlier an appeal preferred by the appellant being Appeal No. 1345 of 2024 was dismissed with directions for recording the statement of the fact witnesses. Subsequently, it is argued by the counsel for the appellant and supported by learned A.G.A. that all the three witnesses have turned hostile and have not supported the prosecution story. He further argued that the appellant has no criminal history and is in custody since 12.01.2024, as such, he may be enlarged on bail. 4. Considering the fact that all the three witnesses have turned hostile and have not supported the prosecution story, the appellant, who is in custody since 12.01.2024, is enlarged on bail. 5. Accordingly, the criminal appeal is allowed. 6. Impugned order dated 08.04.2025 passed by Special Judge, S.C. /ST Act, Lucknow, is set aside. 7. Let the accused/appellant- Manoj Mishra be released on bail on his furnishing a personal bond and two sureties of Rs.30,000/- each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) The accused/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. (ii) The accused/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. (iii) In case, the accused/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 accused/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. (iv) The accused/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 accused/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. Order Date :- 27.6.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench