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

HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Counter affidavit filed today by learned AGA for the State is taken on record. Notice has already been issued to opposite party no. 2 and as per office report, the notice upon him has been served personally. 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. Heard learned counsel for the appellants, learned AGA for the State and perused the record. 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 10.07.2025 passed by Special Judge, SC/ST Act, Raebareli in Bail Application No. 1834 of 2025 in Case Crime No. 0181 of 2025, under Section 105, 191(2), 352, 351(3) of BNS, 2023 and Section 3(2)(v) of SC/ST Act, Police Station Khiro, District Raebareli, whereby the bail application of the appellants has been rejected. Learned counsel for the appellants submits that the appellants 2 CRLA No. 2276 of 2025 have falsely been implicated in the present case. He further submits that common role is assigned to all the accused persons. There is no eye witness account. He further submits that as per the postmortem report, two injuries were found on the body of the deceased which are not on vital part of the body. No recovery has been made on the pointing out of the appellants. He next submits that the appellants are languishing in jail since 25.06.2025 having no criminal history to their credit. He added that in case the appellants are enlarged on bail, they shall not misuse the liberty of bail and they shall fully cooperate with the trial. He has further submitted that there is no possibility of the appellants 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 appellants submits that the instant criminal appeal deserves to be allowed and the impugned order may be set aside and consequently, the appellants deserve to be enlarged on bail. Per contra, learned AGA has opposed the prayer by submitting that the appellants are named in the FIR and the appellants alongwith the other co-accused persons inflicted the blows with lathi and iron rod to the deceased and due to which he succumbed. In this regard he has filed the statement of doctor alongwith the counter affidavit, therefore, the appellants are not entitled to be enlarged on bail and the instant criminal appeal deserves to be dismissed. However, he has been unable to dispute the other factual submissions advanced by the learned counsel for the appellants. 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 in the FIR, seven persons have been named for assaulting with lathi and iron rod; no specific role is assigned to the appellants; nothing has been recovered on the pointing out of the appellants; as per postmortem report, the injuries were caused on non-vital part of the deceased; 3 CRLA No. 2276 of 2025 the appellant is languishing in jail since 25.06.2025 having no criminal history to their credit and they have undertaken that in case they are enlarged on bail, they 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 the court below is liable to be set aside. Accordingly, the appeal is allowed. Consequently, the impugned order dated 10.07.2025 passed by Special Judge, SC/ST Act, Raebareli in Bail Application No. 1834 of 2025 in Case Crime No. 0181 of 2025, under Section 105, 191(2), 352, 351(3) of BNS, 2023 and Section 3(2)(v) of SC/ST Act, Police Station Khiro, District Raebareli, is hereby set aside. Let the appellants-Krishnakant @ Putan and Subham @ Raunak be released on bail in the aforesaid case crime number on their furnishing personal bonds and two reliable sureties relating to his family members to the satisfaction of the court concerned, subject to following additional conditions- (i) The appellants shall cooperate with the prosecution during trial. (ii) The appellants shall not tamper with the evidence during trial (iii) The appellants shall not pressurize/intimidate the prosecution witness(s). (iv) The appellants shall not commit an offence. (v) The appellants 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 appellants shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellants shall not seek any adjournment on the dates 4 CRLA No. 2276 of 2025 fixed for evidence when the witnesses are present in court. (viii) The appellants 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 appellants 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 29, 2025 kkv/ (Pramod Kumar Srivastava,J.) KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Counter affidavit filed today by learned AGA for the State is taken on record. Notice has already been issued to opposite party no. 2 and as per office report, the notice upon him has been served personally. 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. Heard learned counsel for the appellants, learned AGA for the State and perused the record. 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 10.07.2025 passed by Special Judge, SC/ST Act, Raebareli in Bail Application No. 1834 of 2025 in Case Crime No. 0181 of 2025, under Section 105, 191(2), 352, 351(3) of BNS, 2023 and Section 3(2)(v) of SC/ST Act, Police Station Khiro, District Raebareli, whereby the bail application of the appellants has been rejected. Learned counsel for the appellants submits that the appellants 2 CRLA No. 2276 of 2025 have falsely been implicated in the present case. He further submits that common role is assigned to all the accused persons. There is no eye witness account. He further submits that as per the postmortem report, two injuries were found on the body of the deceased which are not on vital part of the body. No recovery has been made on the pointing out of the appellants. He next submits that the appellants are languishing in jail since 25.06.2025 having no criminal history to their credit. He added that in case the appellants are enlarged on bail, they shall not misuse the liberty of bail and they shall fully cooperate with the trial. He has further submitted that there is no possibility of the appellants 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 appellants submits that the instant criminal appeal deserves to be allowed and the impugned order may be set aside and consequently, the appellants deserve to be enlarged on bail. Per contra, learned AGA has opposed the prayer by submitting that the appellants are named in the FIR and the appellants alongwith the other co-accused persons inflicted the blows with lathi and iron rod to the deceased and due to which he succumbed. In this regard he has filed the statement of doctor alongwith the counter affidavit, therefore, the appellants are not entitled to be enlarged on bail and the instant criminal appeal deserves to be dismissed. However, he has been unable to dispute the other factual submissions advanced by the learned counsel for the appellants. 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 in the FIR, seven persons have been named for assaulting with lathi and iron rod; no specific role is assigned to the appellants; nothing has been recovered on the pointing out of the appellants; as per postmortem report, the injuries were caused on non-vital part of the deceased; 3 CRLA No. 2276 of 2025 the appellant is languishing in jail since 25.06.2025 having no criminal history to their credit and they have undertaken that in case they are enlarged on bail, they 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 the court below is liable to be set aside. Accordingly, the appeal is allowed. Consequently, the impugned order dated 10.07.2025 passed by Special Judge, SC/ST Act, Raebareli in Bail Application No. 1834 of 2025 in Case Crime No. 0181 of 2025, under Section 105, 191(2), 352, 351(3) of BNS, 2023 and Section 3(2)(v) of SC/ST Act, Police Station Khiro, District Raebareli, is hereby set aside. Let the appellants-Krishnakant @ Putan and Subham @ Raunak be released on bail in the aforesaid case crime number on their furnishing personal bonds and two reliable sureties relating to his family members to the satisfaction of the court concerned, subject to following additional conditions- (i) The appellants shall cooperate with the prosecution during trial. (ii) The appellants shall not tamper with the evidence during trial (iii) The appellants shall not pressurize/intimidate the prosecution witness(s). (iv) The appellants shall not commit an offence. (v) The appellants 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 appellants shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellants shall not seek any adjournment on the dates 4 CRLA No. 2276 of 2025 fixed for evidence when the witnesses are present in court. (viii) The appellants 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 appellants 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 29, 2025 kkv/ (Pramod Kumar Srivastava,J.) KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench