Neutral Citation No. - 2025:AHC-LKO:39948 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1514 of 2025 Appellant :- Virendra Kumar Prajapati Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Vinod Kumar,Eshan Kumar Gupta Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Case called out. 2. Considering the Office Report dated 09.06.2025 as also Annexure No.7 of Counter Affidavit filed by the State with a proof of service of notice upon respondent no.2, this Court finds that service of notice upon the respondent no.2 is sufficient. However, no one appeared on behalf of respondent no.2 to oppose the present appeal. In that view of the matter, this Court proceeds hear the instant appeal. 3. Heard counsel for the appellant, 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 (in short 'SC/ST Act') against the impugned order dated 03.05.2025 passed by the Special Judge (SC/ST Act), Lucknow in Bail Application No.2579 of 2025, arising out of FIR/Case Crime No.0041 of 2025, under Sections 105 B.N.S. & Section 3(2)V of SC/ST Act, Police Station- Thakurganj, District- Lucknow. 5. While pressing the present appeal, learned counsel for the appellant submits that according to FIR No.0041, registered on 27.01.2025 at Police Station- Thakurganj, Lucknow East (Commissionerate Lucknow) under Section 103(1) of B.N.S. (akin to Section 302 I.P.C.) and Section 3(2)(V) of SC/ST Act, on 26.01.2025 at about 4-5 P.M. an altercation between the appellant and the deceased took place in front of country made liquor shop situated at Harinagar and in the alleged altercation the deceased sustained injuries including head injury. The deceased took treatment and on the next day he succumbed to his injuries. 6. It is stated that after due investigation the charge sheet in the matter has been filed under Section 105 B.N.S. (akin to Section 304 I.P.C.) 7. It is further stated that from the story of prosecution, as narrated in the FIR, as also as per the statements of the witnesses recorded during investigation by the Investigating Officer, the case of the appellant would fall under Section 104 Part 2 of B.N.S. (akin to Section 304 Part 2 of I.P.C.) in which minimum punishment has not been provided. 8. Further submission is that taking note of entire facts and circumstances of the case as also period of incarceration of the appellant as also that appellant has no criminal history as indicated in para 22 of the affidavit filed in support of application seeking bail, which has not been disputed by learned A.G.A., the present appeal is liable to be allowed and the impugned order may be set aside and the appellant 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 appellant. 10. Considered the submissions advanced by the counsel for the appellant, 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 appellant and learned A.G.A., F.I.R., impugned order, including that the appellant is in jail since 29.01.2025 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed. 12. Order dated 03.05.2025 passed by the Special Judge (SC/ST Act), Lucknow in Bail Application No.2579 of 2025, arising out of FIR/Case Crime No.0041 of 2025, under Sections 105 B.N.S. & Section 3(2)V of SC/ST Act, Police Station- Thakurganj, District- Lucknow is hereby set aside. 13. Let the appellant- Virendra Kumar Prajapati 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 each of the like amount 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. 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 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 :- 14.7.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench