Sarvan Kumar Pal Vs State of U.P. Thru. Prin. Secy. Home and Another

Neutral Citation No. - 2025:AHC-LKO:14869

Court No. - 13

Case :- CRIMINAL APPEAL No. - 1030 of 2024

Appellant :- Sarvan Kumar Pal Respondent :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Appellant :- Rahul Yadav,Amit Kumar Gaur,Mahendra Kumar Yadav Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellant, learned A.G.A. for the State-respondents and perused the record.

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The present appeal has been filed for setting aside the impugned order dated 20.2.2024 passed by Special/Additional Sessions Judge/Sepcial Judge SC/ST Act, Barabanki in Bail Application No. 554/2024 (Sarvan Kumar Pal Vs. State of U.P.) arising out of Case Crime No. 404/2023 under Sections 302 I.P.C. and Section 3(2)(v) of SC/ST Act, Police Station- Haidergarh, District- Barabanki.

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Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case merely on the basis of presumption that he was scolded by the deceased. He further submits that the charge sheet was submitted by the investigating officer showing false recovery of the scarf of appellant. He also submits that the appellant is in jail since 17.10.2023 but till today only one witness has been examined out of eighteen witnesses. Appellant does not have any criminal antecedents. He next submits that all these facts were not considered by the court below and rejected the bail application. The appellant is ready to cooperate in the trial. He also submits that in the present case, there is no possibility to conclude the trial in near future, therefore, the impugned order is liable to be set aside and the appellant is entitled to be released on bail.

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Learned A.G.A. has vehemently opposed the prayer of appellant but he does not dispute this fact that initially the FIR was lodged on the basis of presumption but thereafter on the pointing out of appellant, his scarf was recovered.

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Considering the submissions of learned counsel for the parties, going through the contents of impugned order as well as FIR and other relevant material, report of Special Judge SC/ST Act, Barabanki dated 29.10.2025, appellant is in jail since 17.10.2023, still today only one witness has been examined out of 18 witnesses and there is no direct evidence against the appellant, this Court is of the view that learned trial court is failed to consider the aforesaid

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aspects, hence, the aforesaid impugned order is liable to be set aside and appellant is entitled to be released on bail.

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Resultantly, in the above facts and circumstances of the case, the trial of the case is not likely to be concluded in near future, hence, the present appeal has substance, and it is accordingly allowed , and the impugned order dated 20.2.2024 passed by Special/Additional Sessions Judge/Sepcial Judge SC/ST Act, Barabanki in Bail Application No. 554/2024 (Sarvan Kumar Pal Vs. State of U.P.) arising out of Case Crime No. 404/2023 under Sections 302 I.P.C. and Section 3(2)(v) of SC/ST Act, Police Station- Haidergarh, District- Barabanki is hereby set aside.

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Let the appellant- Sarvan Kumar Pal involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-

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(1) The appellant shall file an undertaking to the effect that he will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The appellant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code.

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(iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The appellant shall remain present, in person, before the trial court on the dates fixed.

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In case of breach of any of the conditions, it shall be ground for cancellation of bail.

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The Trial Court is directed to conclude the trial expeditiously.

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Order Date :- 11.3.2025

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AKK

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

Sarvan Kumar Pal v. State of U.P. Thru. Prin. Secy. Home and Another

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Sarvan Kumar Pal v. State of U.P. Thru. Prin. Secy. Home and Another

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