Neutral Citation No. - 2025:AHC:136966 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.12) Court No. - 78 Case :- CRIMINAL APPEAL No. - 359 of 1983 Appellant :- Heera Respondent :- State Counsel for Appellant :- D. Swaroop,D.Agarwal,Madan Mohan,Madan Mohan Chaurasisa Counsel for Respondent :- A.G.A. Hon'ble Anish Kumar Gupta,J. 1. Pursuant to the order passed by this Court dated 08.07.2025, the sole appellant has been produced before this Court in custody and Sri Satrughan Yadav, learned counsel for the appellant, has also filed a second bail application in the Registry, which is available on record. 2. Learned A.G.A. has produced the copy of the communication dated 09.07.2025, sent by the Additional District Magistrate Adminsitration- Deoria, addressed to the learned A.G.A., categorically stating therein that the original trial court record of the instant case was submitted in the Record Room of the District Magistrate. On 19.01.2017, fire took place due to a short circuit and all the records were burnt including the record of the instant case, being Sessions Trial No. 252 of 1976. 3. Since the instant case relates to an incident dated 03.05.1975, and the appellant herein was convicted only for the offence under Section 323 I.P.C. and was acquitted for the offence under Sections 147 and 307 I.P.C., more than fifty years have passed and the instant appeal is also pending since 1983. In the absence of the record of the case, at such a belated stage, after 50 years, reconstruction of the record is not possible, and this Court also don't feel it appropriate to order for re-trial of the instant case at such a belated stage. At the time of the incident, the appellant/accused was aged about 28 years and after 50 years, his age is now about 78 years. At such a belated stage, re-trial would not serve any purpose. Therefore, this Court is left with no option but to acquit the appellant herein for want of the record of the trial court, as, in the absence of the record of the trial court, the appeal cannot be decided on its merits. 4. In view thereof, the instant appeal is allowed for want of the record of the trial court concerned, which has been reported to have been burned. Therefore, the appellant herein is acquitted for want of the record of the case. 5. Thus, in view of the aforesaid, no further order is required to be passed on the bail application moved by appellant herein. Since, the appellant herein has been acquitted for want of availability of the record of the case. He is directed to be released forthwith. Order Date :- 12.8.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad