ADITYA MAURYA @ SURAJ MAURYA v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND ANOTHER
CRLA/1693/2025 · 2025-08-07
Saurabh Lavania
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 142401 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142401 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46275 Court No. - 11 Case :- CRIMINAL APPEAL No. - 1693 of 2025 Appellant :- Aditya Maurya @ Suraj Maurya Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Manish Kumar Gupta,Anshuman Singh Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J.
1. Case called out. No one appeared on behalf of opposite party no.2/complainant/victim despite service of notice, as appears from Office Report dated 02.07.2025. Learned A.G.A. is present in the Court. In these circumstances, the Court proceeded to hear the appeal on merits.
2. Heard counsel for the appellant, learned A.G.A. for the State and perused the record.
3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the impugned
order dated 13.05.2025 passed by Special Judge (SC/ST Act), Raebareli in Bail Application No.1108 of 2025, arising out of FIR/Case Crime No.349 of 2019, under Sections 323, 504 I.P.C. and Sections- 3(1)(Da), 3(1)(Dha) of SC/ST Act, Police Station- Unchahar, District- Raebareli.
4. While pressing the present appeal, learned counsel for the appellant submitted that the allegations levelled against the appellant in the FIR is to the effect that the appellant along with co-accused assaulted the informant and also hurled abuses.
5. It is further submitted that co-accused Sudhir Kumar has already been granted bail by the court below vide order dated 20.06.2019.
6. It is further submitted that the appellant, having no criminal history, is languishing in jail since 14.05.2025. In these circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail.
7. 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.
8. 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.
9. 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, as also the fact that co-accused Sudhir Kumar has already been granted bail by court below including that the appellant is in jail since 14.05.2025 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.
10. Order dated 13.05.2025 passed by Special Judge (SC/ST Act), Raebareli in Bail Application No.1108 of 2025, arising out of FIR/Case Crime No.349 of 2019, under Sections 323, 504 I.P.C. and Sections- 3(1)(Da), 3(1)(Dha) of SC/ST Act, Police Station- Unchahar, District- Raebareli is hereby set aside.
11. Let the appellant- Aditya Maurya @ Suraj Maurya 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.
12. 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
13. 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 :- 7.8.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench