HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 1451 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Counter affidavit filed by learned AGA in the Court today is taken on record. 2. Case called out. No one appeared on behalf of the respondent No. 2/complainant despite service of notice, as appears from Annexure No. CA-1 to the counter affidavit of State and Office Report dated 27.05.2025. Learned AGA is present in the Court. In these circumstances and also taking note of the order of this Court dated 03.09.2025, which says "It is made clear that on the next dates fixed in the case, the case would not be adjourned in the absence of the opposite party No.2 and the matter would be heard and decided on merits and appropriate orders would be passed in the case in first call, the Court proceeded to hear the instant bail appeal on merits. 3. Heard counsel for the appellants, learned A.G.A. for the State and perused the record. 4. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 24.03.2025 passed by Special Judge (SC/ST Act), Shravasti in Bail Application No. 225 of 2025, arising out of FIR/Case Crime No. 341 of 2019, under Sections- 302 read with Section 34, 201 IPC and Section- 3(2)(V) of SC/ST Act, Police Station- Kotwali Bhinga, District- Shravasti. 5. While pressing the present appeal, learned counsel for the appellants submitted that the appellants were summoned by the trial court in exercise of power under Section 319 Cr.P.C. vide order dated 14.03.2023 and in Versus Counsel for Appellant(s) : Sheikh Mohammad Ali Counsel for Respondent(s) : G.A. Shahid Ahmad And Another .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Respondent(s) compliance of this order, the appellants appeared before the trial court and were taken into custody and they are languishing in jail since 18.03.2025. 6. It is further stated that main accused, against whom charge sheet was filed by the Investigating Officer (in short "IO") namely Ajij Ahmad and Rais Ahmad, have already been acquitted by the trial court vide judgment and order dated 27.09.2023 passed in Sessions Trial No. 95 of 2020 (State vs. Ajij Ahmad) annexed at page 75 of the paper book. 7. It is further stated that challenging the order dated 14.03.2023, whereby, the appellants were summoned under Section 319 Cr.P.C., the appellants had approached this Court and the said matter is pending consideration. 8. It is further submitted that in aforesaid circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellants be enlarged on bail. 9. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the appellants. 10. Considered the submissions advanced by the counsel for the appellants, learned A.G.A. for the State and all the relevant documents placed on record. 11. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellants and learned A.G.A., F.I.R., impugned order, as also the fact that main accused namely Ajij Ahmad and Rais Ahmad have already been acquitted by the trial court vide judgment and order dated 27.09.2023 and chances of conviction of the appellants in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed. 12. Order dated 24.03.2025 passed by Special Judge (SC/ST Act), Shravasti in Bail Application No. 225 of 2025, arising out of FIR/Case Crime No. 341 of 2019, under Sections- 302 read with Section 34, 201 IPC and Section- 3(2)(V) of SC/ST Act, Police Station- Kotwali Bhinga, District- Shravasti is hereby set aside. 13. Let the appellants- Shahid Ahmad and Mehndi Hasan be released on bail in the aforesaid case crime number on their furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties (one of family member/close relative) each of the like amount to the CRLA No. 1451 of 2025 2 satisfaction of the court concerned subject to following additional conditions :- (i) The appellants shall cooperate with the prosecution during trial. (ii) The appellants shall not tamper with the evidence during trial. (iii) The appellants shall not pressurize/intimidate the prosecution witness(s). (iv) The appellants shall not commit an offence. (v) The appellants 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 appellants shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellants shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellants shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 14. 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 15. As this order relates to enlargement of the appellants 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. September 10, 2025 Arun/- CRLA No. 1451 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench