Criminal Appeal No. 2018 of 2025 · Allahabad High Court · 2025
Case Details
7. Learned A.G.A. as well as learned counsel for the opposite party No.2 vehemently opposed the prayer of the appellant, however, they could not dispute the above contentions made by the appellant's counsel.
8. Considered the arguments advanced by the learned counsel for the appellant, learned A.G.A. and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents.
9. Upon due consideration of above facts and circumstances from which prima facie it appears that incident occurred without premeditation of and on spur of moment and also the injury reports and 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.
10. Order dated 26.09.2025 passed by Special Judge, SC/ST (P.A.) Act, Ayodhya in Bail Application (Computer Registration No.1695 of 2025), 3 CRLA No. 3453 of 2025 arising out of Case Crime No.182 of 2025, under Sections - 191(2), 115(2), 352, 351(3), 109(1), 110, 117(2) of the BNS, 2023 and Section 3 (2) (V) of the SC/ST Act, Police Station - Kotwali Ayodhya, District - Ayodhya is hereby set aside.
11. Let the appellant - Beeru Nishad be released on bail in the aforesaid case crime number on his furnishing personal bond 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. (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.
12. 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. 4 CRLA No. 3453 of 2025
13. 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. December 3, 2025 KR (Ram Manohar Narayan Mishra,J.) RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
7. Learned A.G.A. as well as learned counsel for the opposite party No.2 vehemently opposed the prayer of the appellant, however, they could not dispute the above contentions made by the appellant's counsel.
8. Considered the arguments advanced by the learned counsel for the appellant, learned A.G.A. and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents.
9. Upon due consideration of above facts and circumstances from which prima facie it appears that incident occurred without premeditation of and on spur of moment and also the injury reports and 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.
10. Order dated 26.09.2025 passed by Special Judge, SC/ST (P.A.) Act, Ayodhya in Bail Application (Computer Registration No.1695 of 2025), 3 CRLA No. 3453 of 2025 arising out of Case Crime No.182 of 2025, under Sections - 191(2), 115(2), 352, 351(3), 109(1), 110, 117(2) of the BNS, 2023 and Section 3 (2) (V) of the SC/ST Act, Police Station - Kotwali Ayodhya, District - Ayodhya is hereby set aside.
11. Let the appellant - Beeru Nishad be released on bail in the aforesaid case crime number on his furnishing personal bond 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. (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.
12. 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. 4 CRLA No. 3453 of 2025
13. 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. December 3, 2025 KR (Ram Manohar Narayan Mishra,J.) RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench