Neutral Citation No. - 2025:AHC-LKO:18 Court No. - 13 Case :- CRIMINAL APPEAL No. - 3071 of 2024 Appellant :- Layak Ram Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Appellant :- Rajiva Dubey Counsel for Respondent :- G.A.,Ravindra Kumar Shukla Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the appellant, learned counsel for the informant as well as learned A.G.A. for the State and perused the record. 2. The present appeal has been filed for quashing the impugned order dated 21.07.2023 passed by learned Special Judge, SC/ST Act/Additional Sessions Judge, Lakhimpur Kheri in S.S.T. No.201/2023 arising out of Case Crime No.150/2023 under Sections 323, 504, 506, 324, 34/302 I.P.C. and Section 3(2)(5) of SC/ST Act, Police Station- Isa Nagar, District- Lakhimpur Kheri. 3. Learned counsel for the appellant submits that appellant is an innocent person and has been falsely implicated in the present case. As per the prosecution case, FIR of case in question was lodged by the informant on 19.04.2023 for the incident dated 15.04.2023 and he was claiming himself as eye witness of the alleged incident but in the aforesaid FIR, no specific role of causing injury with bhala was assigned to the appellant. Thereafter, in the statement of informant recorded under Section 161 CrPC, role of causing injury from bhala to the deceased was assigned to the applicant for the first time. He further submits that the appellant is in jail since 24.04.2023 and he is ready to cooperate in the trial proceeding. He further submits that trial court failed to consider the prosecution story as well as defense of appellant, therefore, the impugned order is liable to be set aside and appellant may be enlarged on bail. 4. Learned A.G.A. as well as learned counsel for the informant opposes the prayer of appellant and submits that in the statement of informant as well as his wife, role of causing injury from bhala is assigned to the appellant but they do not dispute this fact that in the FIR, no such role has been assigned to him. 5. Considering the submissions of learned counsel for the appellant, learned counsel for the informant and learned A.G.A., going through the contents of appeal, contents of FIR, statement of informant recorded under Section 161 CrPC as well as other relevant documents; it is evident that no role of causing injury from bhala to the deceased has been assigned to the appellant in the FIR, as the said fact has been mentioned by the informant later in his statement recorded under Section 161 CrPC. In such circumstances, this Court is of the view that trial court failed to consider the aforesaid aspects, hence, the aforesaid impugned order is liable to be set aside and appellant is entitled to be released on bail. 6. Resultantly, in the above facts and circumstances of the case, the trial of the case is not likely to be concluded in near future, hence, the present appeal has substance, and it is accordingly allowed, and the impugned order dated 21.07.2023 passed by Special Judge, SC/ST Act/Additional Sessions Judge, Lakhimpur Kheri is hereby set aside. 7. Let the appellant- Layak Ram 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:- (1) 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 :- 2.1.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench