Neutral Citation No. - 2025:AHC-LKO:13198 Court No. - 13 Case :- CRIMINAL APPEAL No. - 2952 of 2024 Appellant :- Mangal Tripathi @ Akhand Tripathi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Appellant :- Girish Kumar Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. It is evident from the record that notice has already been served on the complainant, but none has put in appearance on his behalf and, therefore, the matter is being decided with the assistance of learned counsel for the appellant and learned A.G.A. 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 17.08.2024 passed by Special Judge, SC/ST Act, Ambedkar Nagar in Bail Application No. 1456 of 2024 arising out of F.I.R. No. 039 of 2024, under Sections 326, 504 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Baskhari, District Ambedkar Nagar. 4. Learned counsel for the appellant submits that appellant has falsely been implicated in the present case on the ground that private respondent was being restrained by the appellant from throwing garbage as well as waste material. It is further submitted that as per the prosecution case, private respondent saved himself with his hands, but no injury was found on his hand. It is also submitted that the appellant is in jail since 25.02.2024, but till today, only 4 witnesses including the injured witness, out of total 15 witnesses, have been examined. It is next submitted that the Investigating Officer filed the charge sheet in mechanical manner, but the court below failed to appreciate the evidences in correct perspective and passed the impugned order. It is, thus, submitted that the impugned order is liable to be set aside and the appellant, who is in jail since 25.02.2024, is entitled for bail. 5. Learned A.G.A. vehemently opposes the prayer of the appellant, but does not dispute the fact that appellant is in jail since 25.02.2024 and till today, only 4 witnesses have been examined out of 15 witnesses. 6. Considering the arguments advanced by the learned counsel for the appellant, learned A.G.A. and going through the contents of the appeal, F.I.R., impugned judgment as well as other relevant documents, it is evident that 4 witnesses, including the injured witness, out of 15 witnesses have been examined till today and the appellant is in jail since 25.02.2024. In view of above facts and circumstances as also 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. 7. Impugned order dated 17.08.2024 passed by Special Judge, SC/ST Act, Ambedkar Nagar in Bail Application No. 1456 of 2024 arising out of F.I.R. No. 039 of 2024, under Sections 326, 504 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Baskhari, District Ambedkar Nagar, is hereby set aside. 8. Let appellant, Mangal Tripathi @ Akhand Tripathi 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 :- 4.3.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench