Neutral Citation No. - 2025:AHC-LKO:4907 Court No. - 13 Case :- CRIMINAL APPEAL No. - 4020 of 2024 Appellant :- Anuj Kumar Verma @ Ravi Verma Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Appellant :- Santosh Kumar Kanaujia Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Sri Dheerendra Kumar Singh, Advocate and Ms. Anshika Yadav, Advocate on behalf of opposite party no.2 is taken on record. 2. Heard. 3. The instant appeal has been filed by the appellant with a prayer to quash the bail rejection order dated 12.12.2024 passed by learned Additional Sessions Judge/Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No. 504 of 2024 for the offense u/s 354, 504, 506 I.P.C. and 3(1)(ba)(1) of SC/ST Act, Police Station- Phardhan, District- Lakhimpur Kheri. 4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. He further submits that after detailed investigation, final report was submitted and then protest petition was filed, which was allowed. Thereafter, the appellant was summoned, hence, he applied for bail, but the same was rejected in the most mechanical manner without considering the contents of the case diary submitted by the Investigating Officer. He next submits that the appellant, who is in jail since 06.12.2024, does not have any criminal antecedents, hence, he may be enlarged on bail and the impugned order is liable to be set aside. 5. Learned A.G.A. does not dispute the fact that after detailed investigation, final report was submitted and during the course of investigation, no evidence was found against the appellant. 6. Learned counsel for opposite party no.2 vehemently opposes the prayer of the appellant and submits that the investigation was not done in proper manner and a protest petition was also filed, which was allowed. He also submits that there is no illegality in the order passed by learned trial Court. 7. Considering the submissions of learned counsel for the parties and going through the contents of the appeal, F.I.R., statement recorded u/s 161 Cr.P.C. as well as other relevant documents, it is evident that after detailed investigation, final report was submitted by the Investigating Officer. Thereafter, the protest petition was filed, which was allowed and the appellant was summoned. In furtherance thereof, the appellant moved a bail application which was also rejected. It is also evidence that during the course of investigation, the appellant has cooperated and no material was found against him. Therefore, the appellant is entitled to be released on bail and the impugned order is liable to be set aside. 8. 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 order dated 12.12.2024 passed by learned Additional Sessions Judge/Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No. 504 of 2024 is hereby set aside. 9. Let the appellant- Anuj Kumar Verma @ Ravi Verma 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. 10. Office is directed to communicate this order to the trial court, forthwith. Order Date :- 24.1.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench