Neutral Citation No. - 2025:AHC-LKO:35998 Court No. - 11 Case :- CRIMINAL APPEAL No. - 1866 of 2025 Appellant :- Ram Chandra Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Upendra Kumar Sagar Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record. 2. The present appeal has been filed by the appellant praying as under:- "To quash the impugned bail rejection order dated 30.05.2025 passed by learned Special Judge NIA/Additional District and Sessions Judge, Court No.3, Lucknow arising out of Case Crime No. 382 of 2024 u/s 137(2) B.N.S. and Section 3(2)(v) of SC/ST Act, Police Station- Hardi, District- Bahraich." 3. Learned counsel for the appellant submits that appellant, who is in jail since 05.01.2025, was falsely implicated in the present case. He further submits that co-accused, namely, Jasveer Singh Yadav, having identical role, has already been enlarged on bail by this Court vide order dated 02.04.2025 passed in Crl. Misc. Bail Application No. 2636 of 2025. He also submits that as there is no possibility of conclusion of the appeal in near future, the appellant is entitled for bail. 4. Learned A.G.A. vehemently opposes the prayer for bail. However, he does not dispute the fact that co-accused, namely, Jasveer Singh Yadav has already been granted bail by this Court. 5. Having heard the submissions made by learned counsel for the parties and perused the material brought on record, it is undisputed that co-accused, namely, Jasveer Singh Yadav has already been granted bail by this Court. Therefore, this Court is of the view that appellant is entitled to be released on bail during the pendency of criminal appeal before this Court and the impugned order is liable to be quashed. 6. Resultantly, in view of the above facts and circumstances of the case as well as 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. The order dated 30.05.2025 passed by learned Special Judge NIA/Additional District and Sessions Judge is hereby set aside. 7. Let the appellant- Ram Chandra involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following 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 269 B.N.S. (iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 B.N.S.S. is issued and the appellant 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 209 B.N.S. (iv) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 351 B.N.S.S. 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. 8. Office is directed to communicate this order to the trial court, forthwith. Order Date :- 18.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench