Neutral Citation No. - 2025:AHC-LKO:46833 Court No. - 11 Case :- CRIMINAL APPEAL No. - 2122 of 2025 Appellant :- Badakke @ Narbir Respondent :- State Of U.P. Thru. Secy. Home, Lko And Another Counsel for Appellant :- Rizwanul Haque Ansari,Santi Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Vakalatnama filed on behalf of the opposite party No.2 by Shri Divakar Goyal, Advocate is taken on record. 2. Heard learned counsel for the appellant, learned A.G.A. for the State as well as learned counsel for the opposite party No.2 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 15.01.2025 passed by Addl. Sessions Judge/Special Judge, SC/ST (P.A.) Act, Lakhimpur Kheri in Bail Application No. 05 of 2024 arising out of Case Crime No.282/2023, under Sections 363, 364 I.P.C. and Section 3(2)(V) of SC/ST Act, P.S.- Kotwali Uchaulia, District - Lakhimpur Kheri. 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. He further stated that co-accused persons namely Amit has already been enlarged on bail by this Court vide order dated 11.11.2024 passed in Criminal Appeal No.1792 of 2024. Copy of the bail order of co-accused is on record. In these circumstances, the appellant is also entitled to be released on bail on the ground of parity and the impugned order is liable to be set aside and the appeal is liable to be allowed. 6. Learned A.G.A. as well as learned counsel for the opposite party No.2 vehemently opposed the prayer of the appellant, however, he could not dispute the above contentions made by the appellant's counsel as also the fact the co-accused have already been enlarged on bail. 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 and the bail orders of co-accused. 8. Upon due consideration of above facts and circumstances particularly that co-accused have already been released on bail 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 15.01.2025 passed by Addl. Sessions Judge/Special Judge, SC/ST (P.A.) Act, Lakhimpur Kheri in Bail Application No.05 of 2024 arising out of Case Crime No.282/2023, under Sections 363, 364 I.P.C. and Section 3(2) (V) of SC/ST Act, P.S.- Kotwali Uchaulia, District - Lakhimpur Kheri is hereby set aside. 10. Let the appellant- Badakke @ Narbir 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 :- 11.8.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench