Jalaj Pathak @ Krishnadev Vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Jalaj Pathak @ Krishnadev Vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed; judgement and order dated 02.09.2024 of the Special Judge (SC/ST Act), Gonda set aside; appellant Jalaj Pathak @ Krishnadev ordered released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to stated conditions; trial Court directed to expedite the trial.

Issue for consideration

Whether the appellant, prosecuted in Case Crime No. 125 of 2024 under Sections 109(1), 115(2), 351(2) BNS and Section 3(2)(5) SC/ST Act, is entitled to be released on bail notwithstanding the submitted charge-sheet, such that the judgement and order dated 02.09.2024 of the Special Judge (SC/ST Act), Gonda should be quashed/set aside.

Court's answer

Going through the record, the Court found major contradictions in the statements of the victim recorded under Sections 180 and 183 B.N.S.S. (a point conceded by the AGA and complainant's counsel), and concluded that the appellant was entitled to be released on bail and that the impugned order was liable to be set aside.

Ratio / Principle

Since the trial was not likely to be concluded in the near future, the Court found the appeal to have substance and allowed it, expressly setting aside the order dated 02.09.2024 passed by the Special Judge (SC/ST Act), Gonda.

Key takeaways

The appellant Jalaj Pathak @ Krishnadev was ordered to be released on bail upon furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned.ratio¶¶16
Bail was made subject to conditions: (i) an undertaking not to seek adjournments on evidence dates when witnesses are present; (ii) presence before the trial court on each fixed date personally or through counsel, default being actionable under Section 229-A IPC; (iii) misuse of bail liberty triggering Section 82 CrPC proclamation with Section 174-A IPC proceedings on failure to appear; and (iv) mandatory in-person presence for recording of statement under Section 313 CrPC.ratio¶¶17

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Lucknow Bench), Criminal Appeal No. 2897 of 2024 (Order Date 17.1.2025; Rajeev Singh, J.; neutral citation 2025:AHC-LKO:3110). Appellant Jalaj Pathak @ Krishnadev, booked in Case Crime No. 125 of 2024 under Sections 109(1), 115(2), 351(2) BNS and Section 3(2)(5) SC/ST Act, P.S. Chhapia, Distt. Gonda (charge-sheet already submitted), appealed against the judgement and order dated 02.09.2024 of the Special Judge (SC/ST Act), Gonda. Counsel submitted major contradictions existed between the victim's statements recorded under Sections 180 and 183 B.N.S.S.; the AGA and complainant's counsel did not dispute this. Holding that the appellant, in custody since 31.07.2024, was entitled to release on bail and the impugned order liable to be set aside, and noting the trial was unlikely to conclude soon, the Court allowed the appeal, set aside the order dated 02.09.2024, and released the appellant on bail on a personal bond and two sureties each in the like amount, subject to conditions (undertaking against adjournments when witnesses present; attendance on all dates, default punishable under Section 229-A IPC; misuse triggering Section 82 CrPC proclamation and Section 174-A IPC proceedings; in-person presence for the Section 313 CrPC statement). The trial Court was directed to conclude the trial expeditiously without unnecessary adjournments.

Neutral Citation No. - 2025:AHC-LKO:3110

Court No. - 13

Case :- CRIMINAL APPEAL No. - 2897 of 2024

Appellant :- Jalaj Pathak @ Krishnadev Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others

Counsel for Appellant :- Umesh Chandra Tripathi,Mukesh Kumar Mishra,Rajan Mishra Counsel for Respondent :- G.A.,Nishant Sr,Nishant Srivastava,Pravesh Kumar Tiwari,Vivek Kumar Singh

Hon'ble Rajeev Singh,J.

Heard.

The instant appeal has been filed on behalf of the appellant with following prayer:-

"To quash the judgement and order dated 02.09.2024 passed by the Special Judge (SC/ST Act), Gonda in Case Crime No. 125 of 2024 u/s 109(1), 115(2), 351(2) B.N.S. and 3(2)(5) of SC/ST Act, Police StationChhapia, District- Gonda."

In pursuance of earlier order dated 06.01.2025, Mr. Rajesh Kumar Singh, Deputy Superintendent of Police/Circle Officer, Police Station- Mankapur, Gonda is present today before this Court along with case diary.

Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case and earlier in the year 2022, the appellant was implicated in a false case by the family members of the complainant of the present case. He further submits that the victim was in illicit relations with someone else and she was carrying pregnancy of 12 weeks, and when this fact came into notice of her family members, she was assaulted. As a result, when she received injuries, the appellant was implicated in the present case on the basis of concocted and fabricated facts. He next submits that there is major contradictions in the statements of the victim recorded u/s 180 & 183 B.N.S.S. and charge-sheet has already been submitted by the Investigating Officer. He also submits that the appellant is in jail since 31.07.2024 and there is no possibility of tempering of any evidence, hence, he may be enlarged on bail.

Learned A.G.A. as well as learned counsel for the complainant vehemently opposes the prayer of the appellant. However, they do not dispute the fact that there are major

contradictions in the statements of the victim recorded u/s 180 & 183 B.N.S.S.

Considering the submissions of learned counsel for the parties and going through the record, it is evident that there are major contradictions in the statements of the victim recorded u/s 180 & 183 B.N.S.S. Therefore, the appellant is entitled to be released on bail and the impugned order is liable to be set aside.

Resultantly, in view of the above facts and circumstances of the case by keeping in view the fact that the trial of the case is not likely to be concluded in near future, hence, the appeal has substance and it is accordingly allowed . The order dated 02.09.2024 passed by the Special Judge (SC/ST Act), Gonda is hereby set aside.

Let the appellant- Jalaj Pathak @ Krishnadev 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:-

(i) 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.

(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 229-A of the Indian Penal Code.

(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 appellant 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.

(iv) 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. If in the opinion of the trial court absence of the appellant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

The trial Court is directed to conclude the trial of the case in

question expeditiously without giving any unnecessary adjournment to either of the parties.

Order Date :- 17.1.2025 Arpan

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