Neutral Citation No. - 2025:AHC-LKO:36760 Court No. - 9 Case :- CRIMINAL APPEAL No. - 1530 of 2025 Appellant :- Raghvendra Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lkko And Another Counsel for Appellant :- Kartikay Singh,Kartikay Singh,Vijay Kumar Counsel for Respondent :- G.A.,Shyam Bahadur Hon'ble Pankaj Bhatia,J. 1. Counter-affidavit filed today is taken on the record. 2. Heard learned counsel for the appellants and learned A.G.A. for the State. 3. This appeal has been preferred under Section 14 (A) (2) S.C./S.T. Act against the order dated 08.05.2025 passed by Special Judge SC/ST Act, Raebareli in First Bail Application No. 956/2025, C.N.R. No. UPFZ-01-002129-2025, ST No. 506/2024, arising out of Case Crime No. 142/2023, under Sections 323, 504 I.P.C. and Section 3(1) Q, 3(1) R and 3(2) 5A SC/ST Act, Police Station Inhona Amethi, District Amethi, whereby bail application of the appellants were rejected. 4. The contention of learned court is for the appellants is that even as per the FIR, there are no eyewitnesses to the incident. The injuries are simple in nature. The appellants have no criminal antecedents. 5. Considering these facts, the appeal deserves to be allowed and the appellants are entitled to be enlarged on bail. 6. Accordingly, the appeal is allowed. Consequently, the impugned order dated 08.05.2025 passed by Special Judge SC/ST Act, Raebareli in First Bail Application No. 956/2025, C.N.R. No. UPFZ-01-002129-2025, ST No. 506/2024, arising out of Case Crime No. 142/2023, under Sections 323, 504 I.P.C. and Section 3(1) Q, 3(1) R and 3(2) 5A SC/ST Act, Police Station Inhona Amethi, District Amethi, is, hereby, set aside. 7. Let the appellants, Raghvendra Kumar and Rajendra Prasad be released on bail in the aforesaid case crime number with the following conditions:- (i) The appellants shall furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned. (ii) The appellants shall appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.:- (a) The appellants shall attend in accordance with the conditions of the bond executed under this Chapter. (b) The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected, and (c) 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The appellants shall cooperate with investigation /trial. (iv) The appellants shall file an undertaking to the effect that they 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. (v) The appellants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, the trial court may proceed against them under Section 229-A of the Indian Penal Code. (vi) In case, the appellants misuse the liberty of bail during trial, in order to secure their presence, proclamation under section 82 Cr.P.C. is issued and the appellants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code. (vii) The appellants shall remain present, 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 appellants are 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 them in accordance with law. (Pankaj Bhatia,J.) Order Date :- 27.6.2025/Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench