Avtar Singh Alias Savi vs State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

3. Heard Shri Anurag Kumar Singh, learned counsel for the appellant and learned A.G.A. for the State-respondent.

4. The present appeal has been filed under Section 14-A (2) of Scheduled 2 CRLA No. 2508 of 2025 Castes and Scheduled Tribes Act, 1989 (in short "Act of 1989") against the impugned order dated 06.08.2025 passed by Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No. 308 of 2025 arising out of Case Crime No. 0280 of 2025, under Sections 191(2), 191(3), 190, 109(1), 352, 351(3) of BNS, Sections 3(1)(r), 3(1)(s), 3(2)(v) of Act of 1989, Sections 3/25/27 of Arms Act, Police Station -Pasgawan, District - Lakhimpur Kheri.

5. Pressing the present appeal and impeaching the order under appeal, it is stated that on 29.07.2025, an altercation took place between the side of the appellant and the side of the opposite party no. 2 and in this incident, the father of the appellant sustained 7 injuries (6 abrasions and complaint of pain on the left side of chest).

6. It is further stated that the FIR in this regard was lodged by the injured himself, namely Pal Singh (father of the appellant) registered at Case Crime No. 0281 of 2025, Police Station -Pasgawan, District - Lakhimpur Kheri on

29.07.2025 at 22:46 hours, which was registered under Sections 191(2), 191(3), 190, 109(1), 352, 351(3) BNS and the accused in this FIR have not been arrested.

7. It is stated that the side opposite, namely Nitesh Kumar Raj, an accused in the aforesaid Case Crime No. 0281 of 2025 lodged by the father of the appellant, also lodged the FIR registered as Case Crime No. 0280 of 2025, under Sections 191(2), 191(3), 190, 109(1), 352, 351(3) of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(v) of Act of 1989, Police Station -Pasgawan, District - Lakhimpur Kheri, making allegations therein to attack offence under Act of 1989.

8. It is further stated that a perusal of Case Crime No. 0280 of 2025 lodged by opposite party no. 2 in connection to which the appellant having no criminal history is in jail since 29.07.2025 would indicate that it is a case of no injuries.

9. At this stage, it would be apt to indicate that learned AGA, based upon the instructions, could not dispute the aforesaid aspect of the case.

10. Further submission is that the parties have already entered into the compromise, which is apparent from annexure no. 3, which is a copy of the deed of settlement signed by both the informant/Pal Singh and informant/ Nitesh Kumar Raj. 3 CRLA No. 2508 of 2025

11. In these circumstances, the appellant 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.

12. Learned A.G.A. vehemently opposed the prayer of the appellant. However, he could not dispute the above contentions made by the appellant's counsel.

13. Considered the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A., and gone through the contents of the appeal, impugned order, F.I.R., medical report as well as deal of settlement signed by both the informants.

14. Upon due consideration of above facts and circumstances including that settlement between the parties as also that it is a case of cross FIR as also the period of incarceration also 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.

15. Order dated 06.08.2025 passed by Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No. 308 of 2025 arising out of Case Crime No. 0280 of 2025, under Sections 191(2), 191(3), 190, 109(1), 352, 351(3) of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(v) of Act of 1989, Sections 3/25/27 of Arms Act, P.S. Pasgawan, District - Lakhimpur Kheri is set aside.

16. Let appellant Avtar Singh Alias Savi, be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the 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. 4 CRLA No. 2508 of 2025 (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./Section 351 BNSS.

17. 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

18. 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 10, 2025 Mohit Singh/- (Saurabh Lavania,J.) MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

3. Heard Shri Anurag Kumar Singh, learned counsel for the appellant and learned A.G.A. for the State-respondent.

4. The present appeal has been filed under Section 14-A (2) of Scheduled 2 CRLA No. 2508 of 2025 Castes and Scheduled Tribes Act, 1989 (in short "Act of 1989") against the impugned order dated 06.08.2025 passed by Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No. 308 of 2025 arising out of Case Crime No. 0280 of 2025, under Sections 191(2), 191(3), 190, 109(1), 352, 351(3) of BNS, Sections 3(1)(r), 3(1)(s), 3(2)(v) of Act of 1989, Sections 3/25/27 of Arms Act, Police Station -Pasgawan, District - Lakhimpur Kheri.

5. Pressing the present appeal and impeaching the order under appeal, it is stated that on 29.07.2025, an altercation took place between the side of the appellant and the side of the opposite party no. 2 and in this incident, the father of the appellant sustained 7 injuries (6 abrasions and complaint of pain on the left side of chest).

6. It is further stated that the FIR in this regard was lodged by the injured himself, namely Pal Singh (father of the appellant) registered at Case Crime No. 0281 of 2025, Police Station -Pasgawan, District - Lakhimpur Kheri on

29.07.2025 at 22:46 hours, which was registered under Sections 191(2), 191(3), 190, 109(1), 352, 351(3) BNS and the accused in this FIR have not been arrested.

7. It is stated that the side opposite, namely Nitesh Kumar Raj, an accused in the aforesaid Case Crime No. 0281 of 2025 lodged by the father of the appellant, also lodged the FIR registered as Case Crime No. 0280 of 2025, under Sections 191(2), 191(3), 190, 109(1), 352, 351(3) of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(v) of Act of 1989, Police Station -Pasgawan, District - Lakhimpur Kheri, making allegations therein to attack offence under Act of 1989.

8. It is further stated that a perusal of Case Crime No. 0280 of 2025 lodged by opposite party no. 2 in connection to which the appellant having no criminal history is in jail since 29.07.2025 would indicate that it is a case of no injuries.

9. At this stage, it would be apt to indicate that learned AGA, based upon the instructions, could not dispute the aforesaid aspect of the case.

10. Further submission is that the parties have already entered into the compromise, which is apparent from annexure no. 3, which is a copy of the deed of settlement signed by both the informant/Pal Singh and informant/ Nitesh Kumar Raj. 3 CRLA No. 2508 of 2025

11. In these circumstances, the appellant 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.

12. Learned A.G.A. vehemently opposed the prayer of the appellant. However, he could not dispute the above contentions made by the appellant's counsel.

13. Considered the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A., and gone through the contents of the appeal, impugned order, F.I.R., medical report as well as deal of settlement signed by both the informants.

14. Upon due consideration of above facts and circumstances including that settlement between the parties as also that it is a case of cross FIR as also the period of incarceration also 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.

15. Order dated 06.08.2025 passed by Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No. 308 of 2025 arising out of Case Crime No. 0280 of 2025, under Sections 191(2), 191(3), 190, 109(1), 352, 351(3) of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(v) of Act of 1989, Sections 3/25/27 of Arms Act, P.S. Pasgawan, District - Lakhimpur Kheri is set aside.

16. Let appellant Avtar Singh Alias Savi, be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the 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. 4 CRLA No. 2508 of 2025 (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./Section 351 BNSS.

17. 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

18. 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 10, 2025 Mohit Singh/- (Saurabh Lavania,J.) MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench