Neutral Citation No. - 2025:AHC-LKO:2960 Court No. - 13 Case :- CRIMINAL APPEAL No. - 3190 of 2024 Appellant :- Rajkishore @ Raju Respondent :- State Of U.P. Thru. Secy. Home Lko And Another Counsel for Appellant :- Diwakar Nath Tiwari Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the appellant and learned A.G.A. for the State. It is evident from the record that the notice has already been served on the private respondent no. 2, but none has put in appearance his behalf, therefore, the appeal is being decided finally with the assistance of learned counsel for the appellant and learned A.G.A. 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 10.09.2024 passed by Additional Session Judge/Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No. 343 of 2024 arising out of F.I.R. No. 503 of 2023, under Sections 302, 120-B, 34 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Mitauli, District Lakhimpur Kheri. 3. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. It is further submitted that the charge sheet has already been filed and there is no possibility of tampering of any evidence. It is vehemently submitted that though not even a single evidence of active involvement or conspiracy of the appellant was found, but without considering all these facts, the trail court rejected the bail application of the appellant. It is, thus, submitted that the impugned order is liable to be set aside and the appellant, who is in jail since 10.08.2024, is also entitled for bail. 4. Learned A.G.A. vehemently opposes the prayer of the appellant, but does not dispute the fact that the allegation against the appellant is of conspiracy. He also concedes the fact that the charge sheet has already been filed. 5. Considering the arguments advanced by the learned counsel for the appellant, learned A.G.A. and going through the judgment of the trial court dated 10.09.2024, contents of the appeal as well as other relevant documents, it is evident that the allegation made against the appellant is of conspiracy. It is also evident that the appellant is in jail since 10.08.2024. 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. 6. Impugned order dated 10.09.2024 passed by Additional Session Judge/Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No. 343 of 2024 arising out of F.I.R. No. 503 of 2023, under Sections 302, 120-B, 34 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Mitauli, District Lakhimpur Kheri, is hereby set aside. 7. Let appellant, Rajkishore @ Raju 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 appellant 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. Order Date :- 17.1.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench