Basant Lal Patel vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Court No. - 14

Case :- CRIMINAL APPEAL No. - 1031 of 2025

Appellant :- Basant Lal Patel Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Appellant :- Ajeet Kumar Mishra Counsel for Respondent :- G.A.

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Hon'ble Shree Prakash Singh,J.

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( Order on Appeal )

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Heard.

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Admit.

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Summon the Lower Court Record.

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4. List/ put up this matter in the week commencing 06.10.2025.

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In the meantime, the opposite party may file counter affidavit/ objections.

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( Order on First Application for Bail - C.M.A. No. 01 of 2025 )

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From perusal of the order sheet, it transpires that the opposite party no.2/ complainant died as per the office report. So far as the opposite party nos.3 and 4 are concerned, the notice was issued and that has been served but no one has appeared on behalf of them.

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

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The instant bail application has been moved by the appellantapplicant, who is convicted vide Judgment and Order dated 24.03.2025 passed by the learned Special Judge, SC/ST Act, Pratapgarh in Sessions Trial No.377 of 2016 (State versus Ramnaresh Patel & Others), arising out of Case Crime No. 228 of 2015, under Sections 308/34, 324/34, 504 IPC and Section 3(1)(x) SC/ST Act, Police Station Manikpur, District Pratapgarh, and sentenced for maximum term of 5 years for rigorous imprisonment pertaining to Section 308/34 IPC, sentence of 2 years for rigorous imprisonment pertaining to Section 324/34 IPC and additional sentence of 1 year rigorous imprisonment pertaining to Sections 504 IPC & 3(1)(x) SC/ST

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Act with fine stipulation.

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It is argued by learned counsel for the appellant-applicant that appellant-applicant is innocent and has falsely been implicated. He further submits that the general role have been assigned to all the accused persons for committing offence, whereas the prosecution has failed to segregate the role of the accused persons that on whose assault the injured have received injuries. He also added that there are material doubt in the statement of the witnesses and the learned trial court has also erred to consider the same. He also submitted that the appellantapplicant is a law abiding citizen and was never involved in committing any offence. He argued that the appellant-applicant was on bail during the trial and he is in jail since 24.03.2025 after the judgment and order was passed. Thus, submission is that the appellant-applicant may be enlarged on bail.

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Learned A.G.A. appearing for the State has opposed the contentions aforesaid.

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Having heard learned counsel for the parties and after perusal of record that the appellant-applicant is in jail since 24.03.2025 and he was on bail during the trial and there is no complaint that he has ever misused the liberty of bail granted earlier. This Court has also noticed that there are general allegations against all the appellants-applicants for committing offence but is seems that the prosecution has failed to some extent to come with the case without any doubt that who was the person assaulted the injured. Prima facie, this Court finds perversity in the judgment and order of the trial court, thus it is a fit case for grant of bail.

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In result, the bail application of the appellant-applicant is allowed .

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Let the appellant-applicant - Basant Lal Patel , involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The amount of 50% fine as awarded by the trial court is stayed and rest of the amount of 50% fine shall be deposited with the trial court by the appellant-applicant within one month from his actual release from prison, if the same has not been earlier deposited.

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(ii) The appellant-applicant shall cooperate in the early disposal of appeal without seeking unnecessary adjournment.

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(iii) The appellant-applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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The trial court shall transmit the bail bonds submitted by the appellant-applicant to this Court, forthwith.

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Order Date :- 6.8.2025 Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Basant Lal Patel v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

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Basant Lal Patel v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

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