LUCKNOW vs Others

HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Rejoinder affidavit filed today in Court is taken on record. Heard learned counsel for the appellant, Sanjai Kumar Singh, learned counsel for opposite parties nos. 2 and 3 and the learned AGA for the State as well as 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 08.08.2025 passed by Special Judge (SC/ST) Act Lakhimpur Kheri, in Case Crime No. 588 of 2021, under Sections 147/148/149/307/504/506/341/325 IPC and Section 3(2)5 of SC/ST Act, Police Station Nighasan, District Lakhimpur Kheri, whereby the bail application of the appellant has been rejected. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. He next submits that the appellant was earlier enlarged on bail by this Court vide order dated

13.02.2023 passed in Criminal Appeal No. 191 of 2022. He next submits that the police has arrested the appellant in another case on

07.10.2023 for the offence under Section 8/20 of NDPS Act. He next submits that the trial court has acquitted the appellant for the offence under NDPS Act. In the meantime, NBW issued against the appellant 2 CRLA No. 2876 of 2025 due to non-appearance before the court concerned. He further submits that appellant has seven cases criminal history which has been explained and the appellant is languishing in jail since

11.12.2023. He submits that the appellant did not avoid the proceedings intentionally and in case he is enlarged on bail, he shall not misuse the liberty of bail and he shall also 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 during pendency of the trial. Per contra, learned counsel appearing for opposite parties nos. 2 and 3 and learned AGA for the State have opposed the prayer for bail by submitting that the appellant is not participating in the trial proceeding and, as such, the trial is lingering on and in case he is released on bail, he will influence the trial, 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 to dispute the other factual submissions advanced by the learned counsel for the appellant. 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 is apparent that the appellant has already been enlarged on bail by this Court vide order dated 13.02.2023 and thereafter in the other matter he was arrested for the other offence under the provisions of NDPS Act and in the meantime, NBW was issued in the present matter and he is in jail since 11.12.2023 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 and 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. 3 CRLA No. 2876 of 2025 Accordingly, the appeal is allowed. Consequently, the impugned impugned order dated 08.08.2025 passed by Special Judge (SC/ST) Act Lakhimpur Kheri, in Case Crime No. 588 of 2021, under Sections 147/148/149/307/504/506/341/325 IPC and Section 3(2)5 of SC/ST Act, Police Station Nighasan, District Lakhimpur Kheri, is hereby set aside. Let the appellant-Sadru @ Sadruddin be released on bail in the aforesaid case crime number on his furnishing personal bond and two sureties each in 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. (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. (ix) If the appellant influences the witnesses, then the trial court will be at liberty to take necessary steps for cancellation of bail. In case of default of above conditions, it shall be open for the trial 4 CRLA No. 2876 of 2025 court to treat it as abuse of liberty of bail and pass orders in accordance with law The trial court is directed to decide the trial expeditiously. 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. December 15, 2025 kkv/ (Pramod Kumar Srivastava,J.) KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Rejoinder affidavit filed today in Court is taken on record. Heard learned counsel for the appellant, Sanjai Kumar Singh, learned counsel for opposite parties nos. 2 and 3 and the learned AGA for the State as well as 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 08.08.2025 passed by Special Judge (SC/ST) Act Lakhimpur Kheri, in Case Crime No. 588 of 2021, under Sections 147/148/149/307/504/506/341/325 IPC and Section 3(2)5 of SC/ST Act, Police Station Nighasan, District Lakhimpur Kheri, whereby the bail application of the appellant has been rejected. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. He next submits that the appellant was earlier enlarged on bail by this Court vide order dated

13.02.2023 passed in Criminal Appeal No. 191 of 2022. He next submits that the police has arrested the appellant in another case on

07.10.2023 for the offence under Section 8/20 of NDPS Act. He next submits that the trial court has acquitted the appellant for the offence under NDPS Act. In the meantime, NBW issued against the appellant 2 CRLA No. 2876 of 2025 due to non-appearance before the court concerned. He further submits that appellant has seven cases criminal history which has been explained and the appellant is languishing in jail since

11.12.2023. He submits that the appellant did not avoid the proceedings intentionally and in case he is enlarged on bail, he shall not misuse the liberty of bail and he shall also 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 during pendency of the trial. Per contra, learned counsel appearing for opposite parties nos. 2 and 3 and learned AGA for the State have opposed the prayer for bail by submitting that the appellant is not participating in the trial proceeding and, as such, the trial is lingering on and in case he is released on bail, he will influence the trial, 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 to dispute the other factual submissions advanced by the learned counsel for the appellant. 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 is apparent that the appellant has already been enlarged on bail by this Court vide order dated 13.02.2023 and thereafter in the other matter he was arrested for the other offence under the provisions of NDPS Act and in the meantime, NBW was issued in the present matter and he is in jail since 11.12.2023 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 and 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. 3 CRLA No. 2876 of 2025 Accordingly, the appeal is allowed. Consequently, the impugned impugned order dated 08.08.2025 passed by Special Judge (SC/ST) Act Lakhimpur Kheri, in Case Crime No. 588 of 2021, under Sections 147/148/149/307/504/506/341/325 IPC and Section 3(2)5 of SC/ST Act, Police Station Nighasan, District Lakhimpur Kheri, is hereby set aside. Let the appellant-Sadru @ Sadruddin be released on bail in the aforesaid case crime number on his furnishing personal bond and two sureties each in 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. (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. (ix) If the appellant influences the witnesses, then the trial court will be at liberty to take necessary steps for cancellation of bail. In case of default of above conditions, it shall be open for the trial 4 CRLA No. 2876 of 2025 court to treat it as abuse of liberty of bail and pass orders in accordance with law The trial court is directed to decide the trial expeditiously. 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. December 15, 2025 kkv/ (Pramod Kumar Srivastava,J.) KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench