Neutral Citation No. - 2025:AHC-LKO:44526 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1985 of 2025 Appellant :- Brijesh Harijan Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Appellant :- Chetan Kumar Tiwari,Prabhat Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Case called out. As per Annexure No.2 to the counter affidavit of the State, notice has been served upon the opposite party No.2. However, when the case is called out, no one appeared on behalf of the respondent No.2. Learned AGA is present for the State. 2. Heard learned 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 Act, 1989 against the order dated 29.04.2025 passed by Special Judge, SC/ST Act, Pratapgarh in Third Bail Application No.1098 of 2025, arising out of Case Crime No.0009 of 2025, under Sections 115(2), 352, 351(3), 110, 105 of B.N.S., 2023, Police Station - Fatanpur, District - Pratapgarh. 4. While pressing the instant appeal, learned counsel for the appellant submitted that the appellant is innocent and he has falsely been implicated in the present case. 5. Learned counsel for the appellant submits that as per prosecution version the appellant and one Mannu Vishwakarma attacked the deceased with iron rod with intention to kill but there is no recovery of any iron rod. It is also submitted that there is no eye witness of the incident. The F.I.R. has been lodged with an inordinate delay of 08 days. Learned counsel for the appellant next submits that if the story of prosecution is taken on its face value, then the offence would fall under Part II of Section 105 of BNS, which is akin to Section 304 Part II of I.P.C. and therefore ultimately in terms of various pronouncements read with provisions of the Probation of Offender Act, 1958 the benefit could be extended to the appellant who is in jail since 20.01.2025 having no criminal history. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. In these circumstances of the case, the applicant is entitled to be released on bail. 6. Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the above contentions made by the appellant's counsel. 7. Considered the arguments advanced by the learned counsel for the appellant, learned A.G.A. and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents. 8. Upon due consideration of above facts and circumstances and keeping in view the fact that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed. 9. Order dated 29.04.2025 passed by Special Judge, SC/ST Act, Pratapgarh in Third Bail Application No.1098 of 2025, arising out of Case Crime No.0009 of 2025, under Sections 115(2), 352, 351(3), 110, 105 of B.N.S., 2023, Police Station - Fatanpur, District - Pratapgarh is hereby set aside. 10. Let the appellant - Brijesh Harijan be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant will cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (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 will 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. 11. 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. 12. As this order relates to enlargement of the appellant on bail, it is clarified that observations 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 made in this order. Order Date :- 31.7.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench