Akash Jaiswal vs State Of U.P. Thru. Prin. Secy. Home Lko And

: Abhinav Srivastava : G.A., Anuj Mishra Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the appellant and the learned AGA for the State and perused the record. Vide order dated 23.06.2025, the notice has been issued to opposite party no. 2 and as per office report the same has been served personally on opposite party no.2. Today when the case is taken up, neither counsel on behalf of opposite party no. 2 is present nor any counter on his behalf has been filed, therefore, this Court has no option but to proceed in the matter to decide the instant 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 27.05.2025 passed by Special Judge, SC/ST (P.A) Act, Sultanpur in Bail Application No. 1358 of 2025, arising out of Case Crime No. 85 of 2025, under Sections 109, 110, 117(2), 115(2), 352, 351 (3) of BNS and Sections 3(2)5 of SC/ST Act, Police Station Dhanpatganj, District Sultanpur, whereby the bail application of the appellant has been rejected. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. He further submits that there is no eye witness of the alleged incident. He next submits that 2 CRLA No. 1812 of 2025 the appellant is doing the business of Catering and due to some dispute of money transaction, he has falsely been implicated by the informant, as the appellant had given a sum of Rs. 10,000/- to the informant which was not returned by the informant. He further submits that injuries sustained by the injured are not danger to life. He next submits that the appellant is languishing in jail since

05.05.2025. No incriminating article is recovered from the possession of the appellant. He next submits that in case the appellant is enlarged on bail, he shall not misuse the liberty of bail and he shall fully cooperate with the trial. He has further submitted that there is no possibility of the appellant to intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case. For the aforesaid reasons, learned counsel for the appellant submits that the instant criminal appeal deserves to be allowed and the impugned order may be set aside and consequently, the appellant deserves to be enlarged on bail. Per contra, learned AGA has opposed the prayer by submitting that the appellant is the main culprit and he had beaten the injured and the deceased and there are 7 injuries are fatal and jaw of the injured has broken, therefore, the appellant is not entitled to be enlarged on bail and the instant criminal appeal deserves to be dismissed. However, he has been unable factual submissions advanced by the learned counsel for the appellant. to dispute the other Considering the submissions of learned counsel for the parties and after perusal of material available on record, including the allegations made in the FIR, it transpires that alleged incident was occurred on 16.04.2025, while the FIR has been lodged after 5 days with unexplained delay on 21.04.2025; there is no eye witness of the incident; the medical examination of the injured was conducted on 25.04.2025 and 7 injures are mentioned therein but all the injuries are on non-vital part and not danger to life; the appellant is languishing in jail since 05.05.2025 and he has undertaken that in case he is enlarged on bail, he shall not misuse the liberty of bail and will cooperate with the trial. Without expressing any opinion on merit, this Court is of the view that the learned court below has failed to appreciate the material available on record, thus, the order passed by 3 CRLA No. 1812 of 2025 the court below is liable to be set aside. Accordingly, the appeal is allowed. Consequently, impugned order dated 27.05.2025 passed by Special Judge, SC/ST (P.A) Act, Sultanpur in Bail Application No. 1358 of 2025, arising out of Case Crime No. 85 of 2025, under Sections 109, 110, 117(2), 115(2), 352, 351 (3) of BNS and Sections 3(2)5 of SC/ST Act, Police Station Dhanpatganj, District Sultanpur, is hereby set aside. Let the appellant-Akash Jaiswal be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- and two reliable sureties relating to his family members 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.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 4 CRLA No. 1812 of 2025 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. October 14, 2025 kkv/ (Pramod Kumar Srivastava,J.) KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

: Abhinav Srivastava : G.A., Anuj Mishra Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the appellant and the learned AGA for the State and perused the record. Vide order dated 23.06.2025, the notice has been issued to opposite party no. 2 and as per office report the same has been served personally on opposite party no.2. Today when the case is taken up, neither counsel on behalf of opposite party no. 2 is present nor any counter on his behalf has been filed, therefore, this Court has no option but to proceed in the matter to decide the instant 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 27.05.2025 passed by Special Judge, SC/ST (P.A) Act, Sultanpur in Bail Application No. 1358 of 2025, arising out of Case Crime No. 85 of 2025, under Sections 109, 110, 117(2), 115(2), 352, 351 (3) of BNS and Sections 3(2)5 of SC/ST Act, Police Station Dhanpatganj, District Sultanpur, whereby the bail application of the appellant has been rejected. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. He further submits that there is no eye witness of the alleged incident. He next submits that 2 CRLA No. 1812 of 2025 the appellant is doing the business of Catering and due to some dispute of money transaction, he has falsely been implicated by the informant, as the appellant had given a sum of Rs. 10,000/- to the informant which was not returned by the informant. He further submits that injuries sustained by the injured are not danger to life. He next submits that the appellant is languishing in jail since

05.05.2025. No incriminating article is recovered from the possession of the appellant. He next submits that in case the appellant is enlarged on bail, he shall not misuse the liberty of bail and he shall fully cooperate with the trial. He has further submitted that there is no possibility of the appellant to intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case. For the aforesaid reasons, learned counsel for the appellant submits that the instant criminal appeal deserves to be allowed and the impugned order may be set aside and consequently, the appellant deserves to be enlarged on bail. Per contra, learned AGA has opposed the prayer by submitting that the appellant is the main culprit and he had beaten the injured and the deceased and there are 7 injuries are fatal and jaw of the injured has broken, therefore, the appellant is not entitled to be enlarged on bail and the instant criminal appeal deserves to be dismissed. However, he has been unable factual submissions advanced by the learned counsel for the appellant. to dispute the other Considering the submissions of learned counsel for the parties and after perusal of material available on record, including the allegations made in the FIR, it transpires that alleged incident was occurred on 16.04.2025, while the FIR has been lodged after 5 days with unexplained delay on 21.04.2025; there is no eye witness of the incident; the medical examination of the injured was conducted on 25.04.2025 and 7 injures are mentioned therein but all the injuries are on non-vital part and not danger to life; the appellant is languishing in jail since 05.05.2025 and he has undertaken that in case he is enlarged on bail, he shall not misuse the liberty of bail and will cooperate with the trial. Without expressing any opinion on merit, this Court is of the view that the learned court below has failed to appreciate the material available on record, thus, the order passed by 3 CRLA No. 1812 of 2025 the court below is liable to be set aside. Accordingly, the appeal is allowed. Consequently, impugned order dated 27.05.2025 passed by Special Judge, SC/ST (P.A) Act, Sultanpur in Bail Application No. 1358 of 2025, arising out of Case Crime No. 85 of 2025, under Sections 109, 110, 117(2), 115(2), 352, 351 (3) of BNS and Sections 3(2)5 of SC/ST Act, Police Station Dhanpatganj, District Sultanpur, is hereby set aside. Let the appellant-Akash Jaiswal be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- and two reliable sureties relating to his family members 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.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 4 CRLA No. 1812 of 2025 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. October 14, 2025 kkv/ (Pramod Kumar Srivastava,J.) KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench