Neutral Citation No. - 2025:AHC-LKO:13403 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1635 of 2024 Appellant :- Raghuvir Singh @ Bhola Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Appellant :- Brijesh Kumar Singh,Sheo Prakash Singh Counsel for Respondent :- G.A.,Manish Singh Chauhan Hon'ble Rajeev Singh,J. 1. Supplementary affidavit filed by the learned counsel for the appellant as well as counter affidavit filed by the learned A.G.A. are taken on record. 2. Heard learned counsel for the appellant, learned A.G.A. for the State as well as learned counsel appearing for the complainant. 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 01.03.2024 passed by Special Judge, SC/ST (PA) Act, Sultanpur in Bail Application No. 399 of 2024 arising out of F.I.R. No. 21 of 2023, under Section 307 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Jagdishpur, District Amethi. 4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. It is further submitted that the Investigating Officer filed the charge sheet in mechanical manner. Thereafter, charges were also framed. It is also submitted that criminal antecedent of the appellant is explained in para 18 of the appeal. It is vehemently submitted that the star witness was examined as P.W. 1, but he has not supported the prosecution version and, therefore, there is no possibility of conviction and the trial of the case in question would be futile one. It is lastly submitted that the court below failed to appreciate the evidences in correct perspective and passed the impugned order. It is, thus, submitted that appellant, who is in jail since 30.01.2024, is entitled for bail. 5. Learned A.G.A. vehemently opposes the prayer of the appellant and submits that after detail investigation, charge sheet was submitted. However, the deposition of the P.W. 1, which is annexed with the supplementary affidavit, is not disputed. Learned counsel for the complainant also concedes that P.W. 1 has not supported the prosecution version. 6. Considering the arguments advanced by the learned counsel for the appellant, learned A.G.A., learned counsel for the complainant and going through the F.I.R., impugned order as well as other relevant material including the deposition of P.W. 1, it is evident that the complainant was examined before the trial court as P.W. 1 and she, in her deposition, has not supported the prosecution version. In view of above facts and circumstances as also 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. 7. Impugned order dated 01.03.2024 passed by Special Judge, SC/ST (PA) Act, Sultanpur in Bail Application No. 399 of 2024 arising out of F.I.R. No. 21 of 2023, under Section 307 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Jagdishpur, District Amethi, is hereby set aside. 8. Let appellant, Raghuvir Singh @ Bhola Singh be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional 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 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. Order Date :- 5.3.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench