Kuber v. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

1. Heard Shri Amit Kumar Awasthi, learned counsel for the appellant, Shri Ajay Kumar Srivastava, learned A.G.A. for the State as well as Shri Rajesh Kumar Verma, learned counsel for the opposite party No.2 and perused the record.

2. The criminal appeal under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated

21.11.2024, passed by Additional Session Judge/Special Judge SC/ST Act, Lakhimpur Kheri in Bail Application No.460 of 2024 in Special Session Case No.350/2022, arising out of Case Crime No.0386/2022, under Section 302 I.P.C. and Section 3 (2) (5) of the SC/ST Act, Police Station - Pasgawan, District - Lakhimpur Kheri.

3. While pressing the instant appeal, learned counsel for the appellant has submitted that the appellant is innocent and he has falsely been implicated in the present case.

4. Learned counsel for the appellant further submitted that appellant is in jail since

28.08.2022 and in this view of the matter, the period of incarceration would come to more than three years (3 years) and taking note of the period of incarceration as also the observations in this regard in the judgments of Hon'ble Apex Court in the case of Paras Ram Vishnoi Vs. The Director, Central Bureau of Investigation, Criminal Appeal No.693 of 2021 arising out of SLP (Crl.) No.3610 of 2020 and Indrani Pratim Mukerjea Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 695, the appellant is entitled to be released on bail.

5. Learned counsel for the appellant has further submitted that as per the F.I.R. the role of causing fatal injury is assigned to Anil Kumar, who has been declared juvenile. 2 CRLA No. 317 of 2025

6. The next submission of learned counsel for the appellant is that the F.I.R. indicates that one Brijesh Kumar had informed the informant/opposite party No.2 about the incident and his statement has already been recorded before the trial court, in which he has not stated anything.

7. It is also submitted that the main witness of the fact namely Brijesh Kumar has already been examined and therefore there is no apprehension of influencing the witnesses.

8. It is next submitted that according to the recovery memo, on the pointing out of the appellant the weapon used in the crime was recovered, on which reliance is being placed by the prosecution, but there is no independent public witness of the said recovery and this recovery is fake and this recovery memo is subject to evidence adduced by the parties before the trial court. In these circumstances, the appellant, who has no criminal history and is languishing in jail since 28.08.2022 is entitled to be released on bail and the impugned order is liable to be set aside and the appeal is liable to be allowed.

9. Learned A.G.A. as well as learned counsel for the opposite party No.2 vehemently opposed the prayer of the appellant, however, they could not dispute the above contentions made by the appellant's counsel.

10. Considered the arguments advanced by the learned counsel for the appellant, learned A.G.A., learned counsel for the opposite party No.2 and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents.

11. Upon due consideration of above facts and circumstances and keeping in view the fact that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed.

12. Order dated 21.11.2024, passed by Additional Session Judge/Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No.460 of 2024 in Speical Session Case No.350/2022, arising out of Case Crime No.0386/2022, under Section 302 I.P.C. and Section 3 (2) (5) of the SC/ST Act, Police Station - Pasgawan, District - Lakhimpur Kheri is hereby set aside.

13. Let the appellant - Kuber be released on bail in the aforesaid special session trial and case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties, out of which one should be of family member/close relative, in the 3 CRLA No. 317 of 2025 like amount to the satisfaction of the court concerned, subject to following additional conditions :- (i) The appellant will cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (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 will 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.

14. 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.

15. As this order relates to enlargement of the appellant on bail, it is clarified that observations 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 made in this order. September 18, 2025 ML/- (Saurabh Lavania,J.) MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Shri Amit Kumar Awasthi, learned counsel for the appellant, Shri Ajay Kumar Srivastava, learned A.G.A. for the State as well as Shri Rajesh Kumar Verma, learned counsel for the opposite party No.2 and perused the record.

2. The criminal appeal under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated

21.11.2024, passed by Additional Session Judge/Special Judge SC/ST Act, Lakhimpur Kheri in Bail Application No.460 of 2024 in Special Session Case No.350/2022, arising out of Case Crime No.0386/2022, under Section 302 I.P.C. and Section 3 (2) (5) of the SC/ST Act, Police Station - Pasgawan, District - Lakhimpur Kheri.

3. While pressing the instant appeal, learned counsel for the appellant has submitted that the appellant is innocent and he has falsely been implicated in the present case.

4. Learned counsel for the appellant further submitted that appellant is in jail since

28.08.2022 and in this view of the matter, the period of incarceration would come to more than three years (3 years) and taking note of the period of incarceration as also the observations in this regard in the judgments of Hon'ble Apex Court in the case of Paras Ram Vishnoi Vs. The Director, Central Bureau of Investigation, Criminal Appeal No.693 of 2021 arising out of SLP (Crl.) No.3610 of 2020 and Indrani Pratim Mukerjea Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 695, the appellant is entitled to be released on bail.

5. Learned counsel for the appellant has further submitted that as per the F.I.R. the role of causing fatal injury is assigned to Anil Kumar, who has been declared juvenile. 2 CRLA No. 317 of 2025

6. The next submission of learned counsel for the appellant is that the F.I.R. indicates that one Brijesh Kumar had informed the informant/opposite party No.2 about the incident and his statement has already been recorded before the trial court, in which he has not stated anything.

7. It is also submitted that the main witness of the fact namely Brijesh Kumar has already been examined and therefore there is no apprehension of influencing the witnesses.

8. It is next submitted that according to the recovery memo, on the pointing out of the appellant the weapon used in the crime was recovered, on which reliance is being placed by the prosecution, but there is no independent public witness of the said recovery and this recovery is fake and this recovery memo is subject to evidence adduced by the parties before the trial court. In these circumstances, the appellant, who has no criminal history and is languishing in jail since 28.08.2022 is entitled to be released on bail and the impugned order is liable to be set aside and the appeal is liable to be allowed.

9. Learned A.G.A. as well as learned counsel for the opposite party No.2 vehemently opposed the prayer of the appellant, however, they could not dispute the above contentions made by the appellant's counsel.

10. Considered the arguments advanced by the learned counsel for the appellant, learned A.G.A., learned counsel for the opposite party No.2 and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents.

11. Upon due consideration of above facts and circumstances and keeping in view the fact that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed.

12. Order dated 21.11.2024, passed by Additional Session Judge/Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No.460 of 2024 in Speical Session Case No.350/2022, arising out of Case Crime No.0386/2022, under Section 302 I.P.C. and Section 3 (2) (5) of the SC/ST Act, Police Station - Pasgawan, District - Lakhimpur Kheri is hereby set aside.

13. Let the appellant - Kuber be released on bail in the aforesaid special session trial and case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties, out of which one should be of family member/close relative, in the 3 CRLA No. 317 of 2025 like amount to the satisfaction of the court concerned, subject to following additional conditions :- (i) The appellant will cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (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 will 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.

14. 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.

15. As this order relates to enlargement of the appellant on bail, it is clarified that observations 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 made in this order. September 18, 2025 ML/- (Saurabh Lavania,J.) MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench