LUCKNOW vs State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
Case Details
Acts & Sections
HON'BLE PRAMOD KUMAR SRIVASTAVA, J.
1. Heard learned counsel for the appellant and the learned A.G.A. for the State and perused the entire record.
2. 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 03.10.2025 passed by Additional District and Session Judge/Special Judge SC/ST Act Lakhimpur Kheri in Bail Application No. 398 of 2025, arising out of Case Crime No. 138/2022, under Section 3/25 Arms Act, Police Station Gola, District Kheri, whereby the bail application of the appellant has been rejected.
3. Learned counsel for the appellant further submits that false recovery of one fire arm of 315 bore along with one cartage connected with Case Crime No. 137/2022 has been shown from the pointing out of the appellant. The alleged recovery is planted and there is no independent witnesses of the alleged recovery.
4. Learned counsel for the appellant further submits that trial of both cases i.e. instant case and Case Crime No. 137/2022 are going together in the same court and witnesses of facts related to Crime Crime No. 137/2022 has already been examined. He further submits that in Case Crime No. 137 of 2022, under Sections 302, 452, 34 I.P.C. and Section 3 (2) 5 of SC/ST Act, Police Station Gola, District Kheri. the appellant has been enlarged on bail vide order dated 04.09.2025 passed in Criminal Appeal No. 2605 of 2023 by this Hon’ble Court. 2 CRLA No. 3277 of 2025
5. Learned counsel appellant further submits accused/appellant is languishing in jail since 21.03.2022, It has also been pointed out that the appellant is having criminal history of five cases which has been explained in para-19 of the affidavit filed in support of the present appeal and in case the appellant 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.
6. For the aforesaid reasons, learned counsel for the appellants submits that the instant criminal appeal deserves to be allowed and the order dated
03.10.2025 passed by Additional District and Session Judge/Special Judge SC/ST Act Lakhimpur Kheri in Bail Application No. 398 of 2025, arising out of Case Crime No. 138/2022, under Section 3/25 Arms Act, Police Station Gola, District Kheri deserves to be set aside and consequently, the appellant deserves to be enlarged on bail during pendency of the trial.
7. Per contra, learned A.G.A. has vehemently opposed the prayer by submitting that there is active participation of accused/appellant in the crime. Therefore, the accused/ 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 accused/appellant.
8. Upon consideration of the facts and circumstances of the case and material available on record, submissions of counsel for the appellant and learned A.G.A. and considering the facts and circumstance of the case and the fact that one fire arm of 315 bore along with one cartage has been shown from the pointing out of the appellant, but there is no independent witnesses of the alleged recovery; the trial of instant case and Crime Crime No. 137/2022 are going together in the same court and in Crime Crime No. 137/2022 the appellant has been enlarged on bail vide order dated 04.09.2025 passed in Criminal Appeal No. 2605 of 2023 by this Hon’ble Court; criminal history of five cases has been explained by the appellant in para-19 of the affidavit filed in support of the present appeal and chances of conviction of the appellant in the instant case, without 3 CRLA No. 3277 of 2025 expressing any opinion on merit, this Court of the view that the learned court below has failed to appreciate the material available on record. The order passed by the court below is liable to be set aside.
9. Accordingly, the appeal is allowed. Consequently, the impugned order dated 03.10.2025 passed by Additional District and Session Judge/Special Judge SC/ST Act Lakhimpur Kheri in Bail Application No. 398 of 2025, arising out of Case Crime No. 138/2022, under Section 3/25 Arms Act, Police Station Gola, District Kheri is hereby set aside.
10. Let the appellant-Bhim Soni @ Pakalu 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 relating to his family members to the satisfaction of the court concerned subject to following additional conditions- (1) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during (iii) The appellant shall not pressurize/intimidate 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 them 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.
11. 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
12. As this order relates to enlargement of the appellant on bail, it is 4 CRLA No. 3277 of 2025 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 Arvind (Pramod Kumar Srivastava,J.) ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
HON'BLE PRAMOD KUMAR SRIVASTAVA, J.
1. Heard learned counsel for the appellant and the learned A.G.A. for the State and perused the entire record.
2. 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 03.10.2025 passed by Additional District and Session Judge/Special Judge SC/ST Act Lakhimpur Kheri in Bail Application No. 398 of 2025, arising out of Case Crime No. 138/2022, under Section 3/25 Arms Act, Police Station Gola, District Kheri, whereby the bail application of the appellant has been rejected.
3. Learned counsel for the appellant further submits that false recovery of one fire arm of 315 bore along with one cartage connected with Case Crime No. 137/2022 has been shown from the pointing out of the appellant. The alleged recovery is planted and there is no independent witnesses of the alleged recovery.
4. Learned counsel for the appellant further submits that trial of both cases i.e. instant case and Case Crime No. 137/2022 are going together in the same court and witnesses of facts related to Crime Crime No. 137/2022 has already been examined. He further submits that in Case Crime No. 137 of 2022, under Sections 302, 452, 34 I.P.C. and Section 3 (2) 5 of SC/ST Act, Police Station Gola, District Kheri. the appellant has been enlarged on bail vide order dated 04.09.2025 passed in Criminal Appeal No. 2605 of 2023 by this Hon’ble Court. 2 CRLA No. 3277 of 2025
5. Learned counsel appellant further submits accused/appellant is languishing in jail since 21.03.2022, It has also been pointed out that the appellant is having criminal history of five cases which has been explained in para-19 of the affidavit filed in support of the present appeal and in case the appellant 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.
6. For the aforesaid reasons, learned counsel for the appellants submits that the instant criminal appeal deserves to be allowed and the order dated
03.10.2025 passed by Additional District and Session Judge/Special Judge SC/ST Act Lakhimpur Kheri in Bail Application No. 398 of 2025, arising out of Case Crime No. 138/2022, under Section 3/25 Arms Act, Police Station Gola, District Kheri deserves to be set aside and consequently, the appellant deserves to be enlarged on bail during pendency of the trial.
7. Per contra, learned A.G.A. has vehemently opposed the prayer by submitting that there is active participation of accused/appellant in the crime. Therefore, the accused/ 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 accused/appellant.
8. Upon consideration of the facts and circumstances of the case and material available on record, submissions of counsel for the appellant and learned A.G.A. and considering the facts and circumstance of the case and the fact that one fire arm of 315 bore along with one cartage has been shown from the pointing out of the appellant, but there is no independent witnesses of the alleged recovery; the trial of instant case and Crime Crime No. 137/2022 are going together in the same court and in Crime Crime No. 137/2022 the appellant has been enlarged on bail vide order dated 04.09.2025 passed in Criminal Appeal No. 2605 of 2023 by this Hon’ble Court; criminal history of five cases has been explained by the appellant in para-19 of the affidavit filed in support of the present appeal and chances of conviction of the appellant in the instant case, without 3 CRLA No. 3277 of 2025 expressing any opinion on merit, this Court of the view that the learned court below has failed to appreciate the material available on record. The order passed by the court below is liable to be set aside.
9. Accordingly, the appeal is allowed. Consequently, the impugned order dated 03.10.2025 passed by Additional District and Session Judge/Special Judge SC/ST Act Lakhimpur Kheri in Bail Application No. 398 of 2025, arising out of Case Crime No. 138/2022, under Section 3/25 Arms Act, Police Station Gola, District Kheri is hereby set aside.
10. Let the appellant-Bhim Soni @ Pakalu 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 relating to his family members to the satisfaction of the court concerned subject to following additional conditions- (1) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during (iii) The appellant shall not pressurize/intimidate 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 them 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.
11. 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
12. As this order relates to enlargement of the appellant on bail, it is 4 CRLA No. 3277 of 2025 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 Arvind (Pramod Kumar Srivastava,J.) ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench