Lalji Jaiswal Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Lalji Jaiswal Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed as withdrawn, with liberty to the appellant to prefer a bail application before the court concerned; office to return certified/original copies of the documents annexed with the appeal to counsel.

Issue for consideration

Whether the present criminal appeal is maintainable, given that an earlier appeal (Criminal Appeal No.355 of 2025) against the same impugned order dated 06.01.2025 was dismissed on 22.05.2025 with an observation that the appellant should move a fresh bail application before the trial court, so that a further appeal would lie only if the trial court rejected that fresh bail application.

Court's answer

The present appeal does not appear to be maintainable: instead of moving a fresh bail application before the trial court pursuant to the order dated 22.05.2025 in Criminal Appeal No.355 of 2025, the appellant filed a second appeal before this Court against the same impugned order dated 06.01.2025; a criminal appeal against a rejection order could be filed only if the trial court rejected the fresh (second) bail application.

Ratio / Principle

On the unopposed request of counsel for the appellant, the instant bail appeal was dismissed as withdrawn with liberty to the appellant to prefer a bail application before the court concerned.

Key takeaways

Office is directed to return certified/original copies of the documents annexed with the appeal to the learned counsel for the appellant as per relevant Rules.obiter¶23

Detailed headnote1 paragraphs

Criminal Appeal No. 3238 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 13; Saurabh Lavania, J.; decided 12.12.2025) - Lalji Jaiswal v. State of U.P. thru. Prin. Secy. Home, Lko. & Anr. Appeal under Section 14A (2), Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 seeking to set aside the order dated 06.01.2025 of the learned Special Judge, S.C./S.T. (P.A.) Act, Sultanpur in Bail Application No.3359/2024 (Case Crime No. 0280/2024, Sections 376D, 504, 506 I.P.C. and Section 3(2)(v) of S.C./S.T. Act, P.S. Gosainganj, District Sultanpur). A coordinate bench had already dismissed an earlier appeal (Criminal Appeal No.355 of 2025, order dated 22.05.2025) against the same order, rejecting the prayer for bail, noting parity with Criminal Appeal No.3348 of 2024 and Criminal Appeal No.3243 of 2024, identifying the appellant as the main accused, and observing that he may move a fresh bail application before the trial court after the evidence of the victim. As the appellant filed this second appeal against the same impugned order instead of approaching the trial court, the Court found the appeal apparently not maintainable; on counsel's unopposed request the appeal was dismissed as withdrawn with liberty to prefer a bail application before the court concerned, and the office was directed to return certified/original copies of the annexed documents.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 3238 of 2025

Lalji Jaiswal

.....Appellant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Another	Lko. And .....Respondent(s)
Counsel for Appellant(s) :	Ranjeet Pal, Kaushal Tiwari
Counsel for Respondent(s) :	G.A.

Court No. - 13

HON'BLE SAURABH LAVANIA, J.

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 376D, 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

CRLA No. 3238 of 2025

2

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."

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.

The aforesaid has not been opposed.

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

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.

(Saurabh Lavania,J.)

December 12, 2025

Arun/-

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench