Neutral Citation No. - 2025:AHC-LKO:35428 Court No. - 11 Case :- CRIMINAL APPEAL No. - 1593 of 2025 Appellant :- Prateek Fatehpuri Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Bal Keshwar Srivastava,Sanjeev Srivastava,Toshendra Kumar Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Sri Arun Singh Somwanshi, Advocate on behalf of the opposite party no.2 and counter affidavit filed by learned A.G.A. are taken on record. 2. Heard learned counsel for the appellant, learned A.G.A. for the State and 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 08.05.2025 passed by Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No. 145 of 2025 arising out of F.I.R. No. 137 of 2022, under Sections 302, 34 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. - Gola, District - Lakhimpur Kheri. 4. Learned counsel for the appellant submits that applicant has been falsely implicated in the present case and is in jail since 3.4.2025. He further submits that applicant was named in the F.I.R. but after detail investigation, his name was dropped. He also submits that during the course of trial, applicant was summoned under Section 319 Cr.P.C., he never misused the liberty granted by the Investigating Officer and is ready to cooperate in the trial. It is lastly submitted that as the charge sheet has been filed, there is no possibility of tampering of any evidence. It is, thus, submitted that appellant is entitled for bail and the impugned order is liable to be set aside. 5. Learned A.G.A. as well as learned counsel for the complainant vehemently oppose the prayer of the appellant and submit that sufficient evidence was found against the applicant but they do not dispute the fact that after investigation, name of the applicant was dropped but he was summoned under Section 319 Cr.P.C. 6. Considering the arguments advanced by the learned counsel for the appellants, learned A.G.A., learned counsel for the complainant and going through the contents of the appeal, impugned order, F.I.R., it is evident that after investigation, name of the applicant was dropped by the Investigating Officer due to insufficient evidence. Apparently, all these facts were not considered by the court below at the time of rejecting the bail application vide impugned order dated 08.05.2025. 7. 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. 8. Order dated 08.05.2025 passed by Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No. 145 of 2025 arising out of F.I.R. No. 137 of 2022, under Sections 302, 34 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. - Gola, District - Lakhimpur Kheri, is hereby set aside. 9. Let appellant Prateek Fatehpuri 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 applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC/269 BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 BNS, may be issued and if 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 IPC/209 BNS. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNS. If in the opinion of the Trial Court absence of the applicant 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 :- 12.6.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench