Dharmendra Soni Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case called out. No one appeared on behalf of the private opposite party No. 2/complainant despite service of notice, as appears from Office Report dated 09.07.2025. Learned AGA is present in the Court. In these circumstances and also taking note of the order of this Court dated 10.07.2025, which says "It is made clear that on the next date of listing, the case would not be adjourned on any ground including illness and appropriate order would be passed in the first call" , the Court proceeded to hear the instant bail appeal on merits.

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Heard learned counsel for the appellant, learned AGA for the State of U.P. and perused the record.

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The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the order dated 05.02.2024 passed by Special Judge, SC/ST Act, Raebareli in second Bail Application No. 277/2024 arising out of Case Crime No.0634 of 2023, under Sections - 147, 148, 149, 302, 307 & 504 I.P.C. & Section 3(2)(V) Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S.- Gurubuxganj, District- Raebareli.

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It is stated that if the case of prosecution is taken on its face value, then in that eventuality, it can be inferred that the appellant is innocent and has falsely been implicated in the present case.

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Further stated that co-accused persons namely Avadhesh Kumar Yadav, Narenndra Soni Arvind Soni and Munna Lal, similarly situated, have already been enlarged on bail by this Court in terms of orders dated 19.02.2025, 19.02.2025, 01.05.2025 and 04.06.2025 passed in CRIMINAL APPEAL Nos. 386 of 2024, 909 of 2024, 744 of 2025 and 748 of 2025. Relevant portion of the order dated 04.06.2025 passed in the case of coaccused/Munna Lal is extracted here-in-under:-

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"3. As per contents of first information report, the incident is said to have taken place on 09.11.2023 when applicant along with co-accused is said to have attacked and inflicted grievous injuries upon father of informant and one Dhirendra Kumar resulting in death of

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CRLA No. 1228 of 2025

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2

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informant's father Ramdas Paswan and grievours injuries being suffered by the said Dhirendra Kumar.

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4. Learned counsel for appellant submits that appellant has been falsely implicated in allegations levelled against him which would be evident from fact that in the first information report as well as in statement of injured, the weapon allegedly wielded by appellant is said to be a Farsa but the postmortem report clearly indicates only lacerated wounds on body of the deceased. The medical report of injured also indicates only two contusions. It is therefore submitted that injuries suffered by either of the person are not relatable to a Farsa. It is submitted that in similar circumstance, co-accused Arvind Soni, Avadhesh Kumar Yadav and Narendra Soni have already been enlarged on Bail in Criminal Appeals numbered 744 of 2025; 386 of 2024 and 909 of 2024 respectively.

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5. Learned Additional Government Advocate appearing on behalf of State has opposed prayer for bail but does not dispute the submissions advanced.

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6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that in the first information report as well as in the statement of injured, the weapon allegedly wielded by appellant is Farsa. The aspect of injuries suffered by the deceased and injured being relatable to the weapon allegedly used by appellant would be subject matter of evidence during trial but at this stage indicates only lacerated wounds having been suffered. The appellant is in custody since 11.11.2023 with trial not yet having concluded. Co-accused have already been enlarged on bail as indicated herein above. The aspect of caste related epithets and the nature thereof would also require consideration during trial. As such, the order passed by the court below is liable to be set aside.

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7. Accordingly the appeal is allowed and order dated 28.02.2024 passed by court below on Bail Application No.485 of 2024 pertaining to aforementioned Case Crime, is hereby set aside.

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8. Let appellant Munnu Lal, involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-"

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In these circumstances, the appellant, who is languishing in jail since 11.11.2023, is also entitled for bail and the impugned order is liable to be set aside and the appeal is liable to be allowed.

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Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the fact that the co-accused persons namely, named above, have already been enlarged on bail by this Court.

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Considered the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A., and gone through the contents of the appeal, impugned order, F.I.R. as also that co-accused persons, named above, have already been enlarged on bail by this Court as well as other relevant documents including the statement(s) recorded by the Investigating Officer during investigation.

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Upon due consideration of above facts and circumstances as also keeping in view the fact that the trial of the case is not likely to be concluded in near

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CRLA No. 1228 of 2025

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3

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future, this Court is of the view that the appeal has substance and it is accordingly, allowed.

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The order dated 05.02.2024 passed by Special Judge, SC/ST Act, Raebareli in second Bail Application No. 277/2024 arising out of Case Crime No.0634 of 2023, under Sections -147, 148, 149, 302, 307 & 504 I.P.C. & Section 3(2)(V) Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S.- Gurubuxganj, District- Raebareli, is hereby set aside.

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Let the appellant- Dharmendra Soni be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :-

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(i) The appellant will cooperate with the prosecution during trial.

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(ii) The appellant will not tamper with the evidence during trial.

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(iii) The appellant will not pressurize/intimidate the prosecution witness(es).

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(iv) The appellant shall not commit an offence.

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(v) The appellant 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.

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

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

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(viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

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As this order relates to enlargement of the appellant on bail, it is clarified that observations 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 made in this order.

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September 18, 2025 Arun/-

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(Saurabh Lavania,J.)

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

Dharmendra Soni v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Dharmendra Soni v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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