Neutral Citation No. - 2025:AHC-LKO:13395 Court No. - 13 Case :- CRIMINAL APPEAL No. - 2062 of 2024 Appellant :- Karan Joshi Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Eshan Garg Counsel for Respondent :- G.A.,Desh Ratan Mishra Hon'ble Rajeev Singh,J. 1. Case called out. None appears on behalf of the complainant. 2. Heard learned counsel for the appellant and learned A.G.A. for the State. 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 14.05.2024 passed by Special Judge, SC/ST Act, Barabanki in Bail Application No. 1475 of 2024 arising out of F.I.R. No. 300 of 2024, under Sections 307, 352, 323, 504, 506, 34 I.P.C. and Section 3(2) (v) of SC/ST Act, P.S. Fatehpur, District Barabanki. 4. It is alleged in the prosecution case that on 17.04.2024, an altercation took place wherein Karan Joshi, Shahrukh is alleged to have assaulted Shivam Singh with sharp edged weapon. Two other friend of assailants namely Jiyaudeen and Himanshu Verma along with three other persons have also badly beaten the injured with lathi, danda and iron rod with an intent to kill. Learned counsel for the appellants-applicant submits that the allegation of badly assaulting the injured is on four named and three unknown accused persons. General role of assault has been assigned by both the injured in their statements under Section 161 Cr.P.C. The applicant has no criminal antecedents. Charge sheet has been filed. The applicant has not been assigned any specific role of causing injury. It has been further submitted that there is no reference of injuries sustained by Vimal Kumar Rawat in the FIR. It has also been submitted that the co-accused, Shahrukh and Ziyauddin have already been enlarged on bail by this Court vide order dated 05.12.2024 passed in Criminal Appeal No. 1929 of 2024. There is no likelihood that the appellant after release on bail may flee from the process of law or will misuse the liberty of bail granted by this Court. 5. Learned AGA has opposed the bail application submitting that injured Shivam Singh has suffered a depressed fracture in the parietal bone. Another injured Vimal Kumar Rawat have also suffered eight stitched wounds. 6. Perused the record. 7. Perusal of the injury report of injured Vimal Kumar Rawat shows that while giving the details of injury no. 1, the doctor has not even mentioned as to on which part of the body, it was caused. So far as the injury of Shivam Singh is concerned, general allegations have been made against 6- 7 persons. 8. On due consideration to the observations made herein above as well as considering the fact that the applicants are languishing in jail since 18.05.2024 without having any criminal antecedents; general allegations have been levelled on 6-7 accused persons, I am of the view that the learned court below has failed to appreciate the material available on record. In view of above, the order passed by the court below is liable to be set aside. 9. Impugned order dated 14.05.2024 passed by Special Judge, SC/ST Act, Barabanki in Bail Application No. 1475 of 2024 arising out of F.I.R. No. 300 of 2024, under Sections 307, 352, 323, 504, 506, 34 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Fatehpur, District Barabanki, is hereby set aside. 10. Let appellant, Karan Joshi 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 appellant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229- A of the Indian Penal Code. (iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code. (iv) 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. If in the opinion of the trial court absence of the appellant 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 :- 5.3.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench