Neutral Citation No. - 2025:AHC-LKO:2309 Court No. - 13 Case :- CRIMINAL APPEAL DEFECTIVE No. - 371 of 2022 Appellant :- Sonu Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Lalji Prasad Shukla,Girish Kumar Pandey,Mohd. Shahid Akhtar,Neeraj Kumar Mishra,Pankaj Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. It is informed that notice has already been served on the private respondent but no one has put in appearance on behalf of the private respondent, therefore, matter is being proceeded with the assistance of learned counsel for the appellant, learned A.G.A. for the State. 2. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 08.08.2022 passed by Special Judge, SC/ST Act, Sitapur in Bail Application No. 300 of 2022 arising out of F.I.R. No. 220/2022, under Sections 302, 201, 34 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Maholi, District Sitapur. 3. Learned counsel for the appellant submits that merely on the basis of old enmity as well as implication of the appellant in one false case, which was lodged from the side of informant, appellant has been implicated in the present case and there is no ocular eye witness is available against the applicant. He further submits that seven witnesses have already been examined and there is no possibility of tampering of any evidence. He also submits that learned court below failed to consider this fact that appellant was implicated in the present case merely on the basis of presumption. It is, thus, submitted that appellant, who is in jail since 3.5.2022, is entitled for bail and the impugned order is liable to be set aside. 4. Learned A.G.A. vehemently oppose the prayer of the appellant and submits that after detail investigation, charge sheet was filed by the Investigating OfÏcer but he does not dispute this fact that appellant was implicated in the case on the basis of suspicion created by the informant of the present case. 5. Considering the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A. and going through the contents of the appeal, impugned order, F.I.R. as well as other relevant documents, it is evident that seven witnesses has already been examined before the trial court, therefore, there is no possibility of tampering of any evidence. Apparently, all these facts were not considered by the court below at the time of rejecting the bail application vide impugned order dated 08.08.2022. 6. 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. Order dated 08.08.2022 passed by Special Judge, SC/ST Act, Sitapur in Bail Application No. 300 of 2022 arising out of F.I.R. No. 220/2022, under Sections 302, 201, 34 I.P.C. and Section 3(2) (v) of SC/ST Act, P.S. Maholi, District Sitapur, is hereby set aside. 8. Let appellant Sonu Shukla, 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 sufÏcient 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 applicant is deliberate or without sufÏcient 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. 9. Trial court is directed to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties. Order Date :- 13.1.2025 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench