HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 3497 of 2025 Court No. - 23 HON'BLE RAJEEV BHARTI, J. Counter affidavit filed today is taken on record. Heard learned counsel for the appellant/applicant and the learned A.G.A. for the State. As per the report of the C.J.M., Sitapur dated 26.11.2025 notice has been served upon the opposite party No. 2, but till date neither any counsel has appeared on his behalf nor counter affidavit has been filed. In the above circumstances, as the matter pertains to bail, this Court has no option but to proceed for final arguments to decide the present appeal. The present criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 17.07.2025 passed by Special Judge (SC/ST Act), Sitapur in Third Bail Application No. 217/2025 in S.T. No.393/2003 arising out of Case Crime No. 46/2003, under Section 302/34 I.P.C. and Section 3(2)5 of SC/ST Act, Police Station Pisawan, District Sitapur, whereby the bail application of the appellant has been rejected. Learned counsel for the appellant submits that the appellant was on bail in the aforesaid case and the trial of the case is going on. Learned counsel for the appellant further submits that due to financial problems, the appellant had gone out of State for livelihood and due to Versus Counsel for Appellant(s) : Kashi Ram, Prem Chandra Chauhan Counsel for Respondent(s) : G.A. Mohit @ Chhotey .....Appellant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Respondent(s) hard work, he got seriously ill and could not come to house. After recovery from illness, he came to his house and contacted to his counsel but in vain. Consequently, the appellant could not appear before the trial court, due to which, non-bailable warrant was issued against him. Hence, he seeks bail and his bail application may be considered by this Court sympathetically. Learned counsel for the appellant/applicant further submits that the appellant is in jail since 26.6.2025. He undertakes that in case the appellant/applicant is enlarged on bail, he shall not misuse the liberty of bail and remain present before the trial court in future and will not seek unnecessary adjournments without any cogent reason. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts. Having considered the submissions as advanced by the learned counsel for the appellant and learned AGA and perused the record as well as keeping in view the fact that the appellant/applicant was on bail granted by the trial court; due to non appearance, non-bailable warrant was issued against the appellant and he is in jail since 26.6.2025; learned counsel for the appellant/applicant has assured the court that in case the appellant/applicant is enlarged on bail, he shall not misuse the liberty of bail and remain present before the trial court in future and will not seek unnecessary adjournments without any cogent reason; without expressing any opinion on merit, this Court of the view that the learned court below has failed to appreciate the material available on record. The order passed by the court below is liable to be set aside and I find sufficient ground to release the appellant/applicant on bail. Accordingly, the appeal is allowed. Consequently, the impugned order dated 17.07.2025 passed by Special Judge (SC/ST Act), Sitapur is hereby set aside. Let the appellant/applicant- Mohit @ Chhotey be released on bail in the aforesaid case crime number on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to following additional conditions:- CRLA No. 3497 of 2025 2 (1) 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 them 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.PC. 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. 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. December 4, 2025 Shravan CRLA No. 3497 of 2025 3 (Rajeev Bharti,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench