Tushal Alias Vishal Verma v. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

counter affidavit of State and names of Sri Santosh Kumar Tripathi, Advocate and Sri Sumit Kumar Pathak, Advocate are also shown in the cause list as counsel for the opposite party No. 2. Learned AGA is present in the Court. In these circumstances and also taking note of the order of this Court dated 01.09.2025, which says "It is made clear that on the next date of listing, the case would not be adjourned on any ground and appropriate order would be passed in the first call even in absence of counsel for the side opposite, the Court proceeded to hear the instant bail appeal on merits.

2. Heard learned counsel for the appellant and Sri Ajay Kumar Srivastava, learned A.G.A. for the State of U.P. as well as perused the record.

3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 05.06.2025 passed by Special Judge (SC/ST Act), Lucknow in Bail Application No. 3704 of 2025, arising out of FIR/Case Crime No. 127 of 2025, under Section- 103(1), 238 B.N.S. and Section 3(2)(v) of SC/ST Act, Police Station- Gosainganj, District- Lucknow.

4. While pressing the present appeal, learned counsel for the appellant submitted that the appellant is not named in FIR and the named accused in FIR is Asharam.

5. It is further stated that during investigation, the Investigating Officer (in short "IO") recorded the statements of persons concerned including the informant and a perusal of theses statements on record would indicate that the appellant was not named.

6. It is further stated that subsequently the IO, based upon CCTV Footage, which is subject to evidence adduced by the parties before the trial court, implicated the 2 CRLA No. 1881 of 2025 appellant. However, a perusal of report of IO in this regard would indicate that no incriminating article was found with the appellant in the said CCTV Footage.

7. It is further stated that in fact the appellant has been implicated based upon confessional statement, which is inadmissible evidence, and alleged CCTV Footage report.

8. It is further stated that the appellant having no criminal history, which has not been opposed by learned AGA, is languishing in jail since 23.03.2025.

9. It is further stated that taking note of the aforesaid and also that possibility of conclusion of trial in near future is extremely bleak and also the fact that there is no direct evidence available with the prosecution, based upon which the order of conviction could be passed and as such, chances of conviction of the appellant in the instant case are extremely bleak, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail.

10. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the appellant.

11. Considered the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and all the relevant documents placed on record.

12. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order, as also that the appellant is in jail since 23.03.2025 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed.

13. Order dated 05.06.2025 passed by Special Judge (SC/ST Act), Lucknow in Bail Application No. 3704 of 2025, arising out of FIR/Case Crime No. 127 of 2025, under Section- 103(1), 238 B.N.S. and Section 3(2)(v) of SC/ST Act, Police Station- Gosainganj, District- Lucknow is hereby set aside.

14. Let the appellant- Tushal Alias Vishal Verma be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount 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. 3 CRLA No. 1881 of 2025 (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.P.C.

15. 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

16. 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. September 18, 2025 Arun/- (Saurabh Lavania,J.) ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

counter affidavit of State and names of Sri Santosh Kumar Tripathi, Advocate and Sri Sumit Kumar Pathak, Advocate are also shown in the cause list as counsel for the opposite party No. 2. Learned AGA is present in the Court. In these circumstances and also taking note of the order of this Court dated 01.09.2025, which says "It is made clear that on the next date of listing, the case would not be adjourned on any ground and appropriate order would be passed in the first call even in absence of counsel for the side opposite, the Court proceeded to hear the instant bail appeal on merits.

2. Heard learned counsel for the appellant and Sri Ajay Kumar Srivastava, learned A.G.A. for the State of U.P. as well as perused the record.

3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 05.06.2025 passed by Special Judge (SC/ST Act), Lucknow in Bail Application No. 3704 of 2025, arising out of FIR/Case Crime No. 127 of 2025, under Section- 103(1), 238 B.N.S. and Section 3(2)(v) of SC/ST Act, Police Station- Gosainganj, District- Lucknow.

4. While pressing the present appeal, learned counsel for the appellant submitted that the appellant is not named in FIR and the named accused in FIR is Asharam.

5. It is further stated that during investigation, the Investigating Officer (in short "IO") recorded the statements of persons concerned including the informant and a perusal of theses statements on record would indicate that the appellant was not named.

6. It is further stated that subsequently the IO, based upon CCTV Footage, which is subject to evidence adduced by the parties before the trial court, implicated the 2 CRLA No. 1881 of 2025 appellant. However, a perusal of report of IO in this regard would indicate that no incriminating article was found with the appellant in the said CCTV Footage.

7. It is further stated that in fact the appellant has been implicated based upon confessional statement, which is inadmissible evidence, and alleged CCTV Footage report.

8. It is further stated that the appellant having no criminal history, which has not been opposed by learned AGA, is languishing in jail since 23.03.2025.

9. It is further stated that taking note of the aforesaid and also that possibility of conclusion of trial in near future is extremely bleak and also the fact that there is no direct evidence available with the prosecution, based upon which the order of conviction could be passed and as such, chances of conviction of the appellant in the instant case are extremely bleak, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail.

10. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the appellant.

11. Considered the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and all the relevant documents placed on record.

12. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order, as also that the appellant is in jail since 23.03.2025 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed.

13. Order dated 05.06.2025 passed by Special Judge (SC/ST Act), Lucknow in Bail Application No. 3704 of 2025, arising out of FIR/Case Crime No. 127 of 2025, under Section- 103(1), 238 B.N.S. and Section 3(2)(v) of SC/ST Act, Police Station- Gosainganj, District- Lucknow is hereby set aside.

14. Let the appellant- Tushal Alias Vishal Verma be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount 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. 3 CRLA No. 1881 of 2025 (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.P.C.

15. 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

16. 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. September 18, 2025 Arun/- (Saurabh Lavania,J.) ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench