Court No. - 12 Case :- CRIMINAL APPEAL No. - 3715 of 2024 Appellant :- Pawan Saroj Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Appellant :- Amrit Kumar Tiwari Counsel for Respondent :- G.A.,Anamika Tiwari,Shishir Pradhan Hon'ble Saurabh Lavania,J. 1. Counter affidavit filed by the State is taken on record. 2.Heard learned counsel for the appellant, learned A.G.A. for the State as also Sri Shishir Pradhan, Advocate and Ms. Anamika Tiwari, counsel for opposite party No.2 and perused the record. 3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the order dated 17.09.2024 passed by Special Judge, SC/ST Act, Pratapgarh in Bail Application No.2173 of 2024 arising out of Case Crime No.145 of 2024, under Sections- 147, 148, 149, 504, 286, 341, 302, 120-B I.P.C. P.S.- Baghrai, District- Pratapgarh. 4. While pressing the instant application for bail, learned counsel for the appellant submitted that the appellant is innocent and he has falsely been implicated in the present case. No role has been assigned/attributed to the appellant and there is no eye witness of the last seen in this case. Appellant has no any criminal history. 5. He further stated that co-accused namely Nishant Tiwari @ Devendra Tiwari has already been enlarged on bail by this Court vide order dated 13.11.2024 passed in Criminal Appeal No. 3164 of 2024. Copy of bail order of co-accused placed before this Court is taken on record. In these circumstances, the appellant is also entitled to be released on bail on the ground of parity. 6. He further submitted that the appellant, who is in jail since 03.06.2024 having no criminal history, which has not been opposed by the A.G.A., and also that possibility of conclusion of trial in near future is extremely bleak, therefore, the present appeal is liable to be allowed and the appellant be released on bail. 7. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contention of the counsel for the appellant. 8. Upon due consideration of the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and going through the contents of the appeal, impugned order and other relevant documents, as also the fact that the co-accused have already been released on bail, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed. 9. Order dated 17.09.2024 passed by Special Judge, SC/ST Act, Ambedkar Nagar in Bail Application No.2173 of 2024 arising out of Case Crime No.145 of 2024, under Sections- 147, 148, 149, 504, 286, 341, 302, 120-B I.P.C. P.S.- Baghrai, District- Pratapgarh, is hereby set aside. 10. Let appellant- Pawan Saroj be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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 cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence. (v) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) 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. 11. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law 12. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order. Order Date :- 23.1.2025 Reena/- Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench