/3238/2025 of LALJI JAISWAL Vs STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER on 12 December 2025

1. Heard.

2. On 03.12.2025, this Court had passed the following order:- "1. Counter affidavit filed today by learned A.G.A. for the State is taken on record.

2. Heard learned counsel for the appellant and learned A.G.A. appearing for the State. None appears on behalf of respondent no. 2, although, as per instructions of learned A.G.A., notices have been served upon respondent no. 2.

3. This criminal appeal has been filed by the appellant under Section 14A (2) the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside the order dated 06.01.2025 passed by learned Special Judge S.C./S.T. (P.A.) Act, Sultanpur in Bail Application No.3359/2024, arising out of Case Crime No. 0280/2024, under Sections 376- D, 504, 506 I.P.C. and Section 3(2)(v) of S.C./S.T. Act, Police Station Gosainganj, District Sultanpur.

4. During the course of argument, this fact was noticed that another criminal appeal under Section 14-A of the S.C./S.T. Act was filed against the order dated 06.01.2025 passed by the learned Special Judge, S.C./S.T. Act, which was registered as Criminal Appeal No.355 of 2025 and said criminal appeal was dismissed by order dated 22.05.2025 passed by a coordinate bench and prayer for bail made on behalf of the appellant was rejected and this Court also observed that parity with two earlier orders passed in Criminal Appeal No.3348 of 2024 and Criminal Appeal No.3243 of 2024 can be granted to the appellant and he is the main accused on whose behest the crime has been committed.

5. However, this Court observed that the appellant may move a fresh application for bail before the trial court after the evidence of the victim. It appears that instead of approaching the trial court pursuant to the order dated 22.05.2025 of this Court in said criminal appeal, the appellant has filed a second appeal before this Court against the same impugned order dated 06.01.2025, whereas it was incumbent upon the appellant to move fresh bail application before the trial court, as observed in the order dated 22.05.2025 in Versus Counsel for Appellant(s) : Ranjeet Pal, Kaushal Tiwari Counsel for Respondent(s) : G.A. Lalji Jaiswal .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Respondent(s)

Criminal Appeal No.355 of 2025, wherein the order of the trial court dated 06.01.2025 was under challenge and if the trial court had rejected the second bail application, then only he could file a criminal appeal against said rejection order before this Court. Therefore, the present appeal does not appear to be maintainable.

6. In view of the aforesaid facts, the counsel for the appellant to clarify his stand on the above facts on 12.12.2025."

3. In the light of the order dated 03.12.2025, quoted above, the learned counsel for the appellant stated that he may be permitted to withdraw the instant appeal seeking bail with liberty to the appellant to prefer bail application before the court concerned.

4. The aforesaid has not been opposed.

5. In view of the above, the instant bail appeal is dismissed as withdrawn with liberty, as prayed for.

6. Office is directed to return certified/original copies of the documents annexed with this appeal to the learned counsel for the appellant as per relevant Rules in this regard. December 12, 2025 Arun/- CRLA No. 3238 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench