Neutral Citation No. - 2025:AHC-LKO:13845 Court No. - 13 Case :- CRIMINAL APPEAL No. - 3648 of 2024 Appellant :- Jaduresh Singh @ Jagga Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Sheo Prakash Singh,Vishnu Prakash Srivastava Counsel for Respondent :- G.A.,Mahendra Pratap Singh Hon'ble Rajeev Singh,J. 1. Supplementary affidavit filed by learned counsel for the appellant is taken on record. 2. Heard learned counsel for the appellant, learned A.G.A. for the State and learned counsel for the complainant. 3. The instant appeal has been filed by the appellant seeking following reliefs:- "To set aside the impugned judgment and order dated 29/07/2024 passed by Additional Session Judge/Special Judge SC/ST Act, Unnao, in Case Crime No- 74/2023, Under Sections-147/323/364/302/34 of I.P.C. and Sections-3(2)(V) of S.C./S.T. Act, registered at Police Station - Asiwan, District- Unnao. To release the appellant on bail, in Case Crime No-74/2023, Under Sections- 147/323/364/302/ 34 of I.P.C. and Sections-3(2)(V) of S.C. /S.T. Act, registered at Police Station Asiwan, District- Unnao, during the pendency of his trial, in the interest of justice." 4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. He further submits that the appellant was also implicated in seven other cases, in which, he is already on bail (which is mentioned in paragraph no.2 of the supplementary affidavit). He next submits that charge-sheet has been submitted by the Investigating Officer and during the course of trial, four witnesses of fact have been examined out of twenty five witnesses, but they did not support the prosecution version. He next submits that the appellant is in jail since 20.06.2023 and as there is no possibility of conclusion of the appeal in near future, the impugned order is liable to the set aside and the appellant is entitled for bail. 5. Learned A.G.A. as well as learned counsel for the complainant vehemently opposes the prayer of the appellant. However, they do not dispute the fact that till today, only four witnesses of fact have been examined, who did not support the prosecution story in their deposition. 6. Considering the submissions of learned counsel for the parties and going through the contents of the impugned order as well as other relevant documents, it is evident that four witnesses of fact have already been examined, but they did not support the prosecution version. Therefore, this Court is of the view that the impugned order is liable to be set aside and the appellant is entitled for bail. 7. Resultantly, in view of the above facts and circumstances of the case as well as 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. The impugned judgment and order dated 29.07.2024 passed by Additional Session Judge/Special Judge SC/ST Act, Unnao is hereby set aside. 8. Let the appellant- Jaduresh Singh @ Jagga 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:- (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 appellant 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. 9. The observations made by this Court will not affect the trial in question. 10. Office is directed to communicate this order to the trial court, forthwith. Order Date :- 6.3.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench