/3679/2025 of VIJAY KUMAR AND 3 OTHERS Vs STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO. AND ANOTHER on 9 December 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 3679 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Rejoinder affidavit filed today in Court by learned counsel for the appellants is taken on record. Vide order dated 13.11.2025, notice has been issued to opposite party no. 2 and as per office report dated 27.11.2025, the same has been served upon opposite party no. 2 but today when the case is taken up neither opposite party no. 2 nor any counsel on his behalf is present, therefore, this Court has no option but to proceed with the matter to decide it finally. Heard learned counsel for the appellants, learned AGA for the State and 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 14.10.2025 passed by Special Judge (SC/ST) Act, Lakhimpur Kheri in Bail Application No. 432 of 2025, arising out of Case Crime No. 427 of 2008, under Sections 324/504/506 IPC and Section 3(1)10 of SC/ST Act, Police Station Phoolbehad, District Lakhimpur Kheri, whereby the bail application of the appellants has been rejected. Learned counsel for the appellant submits that the appellants have falsely been implicated in the present case. He further submits that Versus Counsel for Appellant(s) : Amit Kumar Awasthi Counsel for Respondent(s) : G.A. Vijay Kumar And 3 Others .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Another .....Respondent(s)

the appellants were earlier enlarged on bail by the trial court. He next submits that they were appearing on each and every date fixed by the trial court but they could not appear a date, which was not knowingly and now the appellants are in jail since 04.10.2025. He next submits that the appellants have 8 cases criminal history which has been explained in the rejoinder affidavit. He next submits that in case the appellants are enlarged on bail, they shall not misuse the liberty of bail and they shall also fully cooperate with the trial proceeding and shall appear on each and every date fixed by the trial court. He has further submitted that there is no possibility of the appellants 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 appellants submits that the instant criminal appeal deserves to be allowed and the impugned order may be set aside and consequently, the appellants deserve to be enlarged on bail during pendency of the trial. Per contra, learned AGA has vehemently opposed the contentions aforesaid and has submitted that due to non-appearance of the appellants, the trial is lingering on, however, he has been unable to dispute the other factual submissions advanced by the learned counsel for the appellants. 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 earlier the appellants were on bail; the appellants have explained the criminal history and the appellants have undertaken that in case they are enlarged on bail, they shall not misuse the liberty of bail and will fully cooperate with the trial proceeding and will remain present on each and every date fixed by the trial court 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. Accordingly, the appeal is allowed. Consequently, the impugned order dated 14.10.2025 passed by Special Judge (SC/ST) Act,

Lakhimpur Kheri in Bail Application No. 432 of 2025, arising out of Case Crime No. 427 of 2008, under Sections 324/504/506 IPC and Section 3(1)10 of SC/ST Act, Police Station Phoolbehad, District Lakhimpur Kheri, is hereby set aside. Let the appellants, namely, Vijay Kumar, Radhe, Rajendra and Pachcha @ Pachcha Lal be released on bail in the aforesaid case crime number on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned, subject to following additional conditions-

(i) The appellants shall cooperate with the prosecution during trial.

(ii) The appellants shall not tamper with the evidence during trial

(iii) The appellants shall not pressurize/intimidate the prosecution witness(s).

(iv) The appellants shall not commit an offence.

(v) The appellants 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 appellants shall remain present before the trial court on each date fixed, either personally or through counsel.

(vii) The appellants shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

(viii) The appellants shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.PC. 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. As this order relates to enlargement of the appellants 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 9, 2025 kkv/

(Pramod Kumar Srivastava,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench