HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2270 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Case called out. As per Annexure No.CA-1 of the counter affidavit filed on behalf of the State, service of notice is sufficient upon the respondent No.2. However, when the case is taken up no one appeared on behalf of the respondent No. 2. Learned AGA is present on behalf of the State. 2. Rejoinder affidavit filed today is taken on record. 3. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record. 4. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the order dated 19.06.2025 passed by learned Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No.228/2025, filed in Session Case No.349/2016, arising out of Case Crime No.188/2004, under Sections - 302, 504 I.P.C. and Section 3(2)(V) of SC/ST Act, P.S. - Mohammadi, District - Lakhimpur Kheri. 5. 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. 6. He further stated that earlier the appellant was on bail. However, he went for earning his livelihood and he could not inform his counsel and Versus Counsel for Appellant(s) : Pratul Gupta, Ayush Gupta Counsel for Respondent(s) : G.A. Raju .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Respondent(s) therefore, the court concerned issued non bailable warrant against appellant for ensuring his presence and in compliance thereof the police has arrested the appellant and sent him to jail. Learned counsel for the appellant has submitted that the appellant has not misused the liberty of bail granted earlier and he had no intention to flout any of the conditions of bail. Learned counsel for the appellant has further submitted that the trial in the case is pending since 2004. In case the appellant is enlarged on bail he will not misuse the liberty of bail and will follow all the conditions imposed by this Court and he will attend the court proceedings on each and every date. In these circumstances, the appellant is entitled to be released on bail and the impugned order is liable to be set aside and the appeal is liable to be allowed. 7. 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. 8. Upon due consideration of above facts and circumstances including the fact that bail was granted to the appellant and he has been taken in custody on account of non-appearance before the trial Court as also the undertaking given by the appellant regarding presence before the trial court and also 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 19.06.2025, passed by learned Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No.228/2025, filed in Session Case No.349/2016, arising out of Case Crime No.188/2004, under Sections - 302, 504 I.P.C. and Section 3(2)(V) of SC/ST Act, P.S. - Mohammadi, District - Lakhimpur Kheri is set aside. 10. Let the appellant - Raju be released on bail in the aforesaid case crime number on his furnishing personal bond and two sureties of the family members/close relatives of the appellant in the like amount to the satisfaction of the court concerned, subject to following additional conditions :- CRLA No. 2270 of 2025 2 (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. September 8, 2025 ML/- CRLA No. 2270 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench