Neutral Citation No. - 2025:AHC-LKO:35200 Court No. - 11 Case :- CRIMINAL APPEAL No. - 1398 of 2025 Appellant :- Pawan Kumar Singh @ P.K. Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Vaibhav Srivastava Counsel for Respondent :- G.A.,Kamlesh Kumar Yadav,Susheel Kumar Hon'ble Rajeev Singh,J. 1. Outstation slip of learned counsel for the complainant is reported. 2. On 04.06.2025, following order was passed: "1. Adjourned on the request made on behalf of Sri Kamlesh Kumar Yadav, learned counsel for the informant, who is reported to be out of station. 2. List this case on 10.06.2025 and it is made clear that the case shall not be adjourned on the next date of listing on account of learned counsel for the informant." 3. It is evident from the aforesaid order, that the last opportunity was given to the complainant but no one has put in appearance on his behalf, therefore, the matter is being proceeded for final hearing. 4. Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record. 5. The present appeal has been filed for quashing the impugned order dated 27.03.2025 passed by learned Special Judge, SC/ST Act, Ayodhya/Faizabad in Bail Application No.391/2025 arising out of Case Crime No.0061/2025 under Sections 103(1), 115(2), 61(2) of B.N.S. Act, 2023 and Section 3(2)(V) of SC/ST Act, Police Station- Poorakalandar, District- Ayodhya/Faizabad. 6. Learned counsel for the appellant submitted that appellant is an innocent person and has been falsely implicated in the present case due to political rivalry and he is in jail since 05.02.2025. He further submitted that apart from the present case, appellant is having criminal history of six other cases, out of which, he is on bail in four cases and in two cases, final report has been submitted (description of all the cases is given in the rejoinder affidavit). He further submitted that trial court has failed to consider the prosecution story as well as defense of appellant in the correct prospective, therefore, the impugned order is liable to be set aside and appellant may be enlarged on bail. 7. Learned A.G.A. opposed the prayer of appellant and submitted that the conviction of appellant is on the basis of evidences collected by the Investigating Officer. Therefore, he is not entitled to be released on bail. 8. Considering the submissions of learned counsel for the appellant, learned A.G.A. and going through the contents of appeal as well as other relevant documents; it is evident that the present prosecution has arisen due to some political rivalry in between the parties and at this stage, there is no possibility of tampering of any evidences by the appellant. Therefore, this Court is of the view that the appellant is entitled to be released on bail. 9. Resultantly, in the above facts and circumstances of the case, the trial of the case is not likely to be concluded in near future, hence, the present appeal has substance, and it is accordingly allowed, and the impugned order dated order dated 27.03.2025 passed by learned Special Judge, SC/ST Act, Ayodhya/Faizabad is hereby set aside. 8. Let the appellant- Pawan Kumar Singh @ P.K. 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:- (1) 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 of the Indian Penal Code. (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. is issued and the applicant 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 appellant shall remain present, in person, before the trial court on the dates fixed for 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 in accordance with law. 10. In case of breach of any of the conditions, it shall be ground of cancellation of bail. Order Date :- 10.6.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench