Avadhesh Kumar Yadav Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:11070

Court No. - 13

Case :- CRIMINAL APPEAL No. - 386 of 2024

Appellant :- Avadhesh Kumar Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Jay Kumar Soni,Nevedita Gupta,Vyas Narayan Shukla

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Counsel for Respondent :- G.A.,Anil Kumar Awasthi

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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 and learned counsel appearing for the complainant.

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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 impugned order dated 8.1.2024 passed by Special Judge, SC/ST Act, Raebareli, in Bail Application No. 4356 of 2023 arising out of F.I.R. No. 634 of 2023, under Sections 147, 148, 149, 302, 307, 504 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Gurubuxganj, District Raebareli.

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Learned counsel for the appellant submits that role of causing injury with lathi is assigned to the appellant alongwith two other persons and in the prosecution evidences, nowhere it is mentioned that who cause the grievous injury to the injured. He further submits that there was a property dispute in between the parties, as a result, quarrel was taken place. He also submits that role of exhortation was assigned to the appellant, he does not have any criminal antecedent and till today, not even a single witness has examined. It is, thus, submitted that appellant, who is in jail since 11.11.2023, is entitled for bail and the impugned order is liable to be set aside.

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Learned A.G.A. as well as learned counsel for the complainant vehemently oppose the prayer of the appellant and submit that role of exhortation is assigned to the appellant but they do not dispute the fact that appellant is in jail since 11.11.2023 and till today, not even a single witness has been

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examined.

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Considering the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A., learned counsel for the complainant and going through the contents of the appeal, it is evident that till today, not even a single witness has been examined. Apparently, all these facts were not considered by the court below at the time of rejecting the bail application vide impugned order dated 8.1.2024.

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In view 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 future, the appeal has substance and it is accordingly, allowed .

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Order dated 8.1.2024 passed by Special Judge, SC/ST Act, Raebareli, in Bail Application No. 4356 of 2023 arising out of F.I.R. No. 634 of 2023, under Sections 147, 148, 149, 302, 307, 504 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Gurubuxganj, District Raebareli, is hereby set aside.

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Let appellant Avadhesh Kumar Yadav , be released on bail in the aforesaid case crime number on his furnishing personal bond 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 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 229-A 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

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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 for recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant 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.

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Order Date :- 19.2.2025 Gaurav/-

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

Avadhesh Kumar Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Avadhesh Kumar Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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