Balwant Gupta Vs State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:13908

Court No. - 13

Case :- CRIMINAL APPEAL No. - 3881 of 2024

Appellant :- Balwant Gupta Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Ravindra Shukla Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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It is evident from the record that notice has already been served on the complainant of the present case but no one has put in appearance on behalf of the complainant, therefore, appeal is being decided with the assistance of learned counsel for the appellant, learned A.G.A. for the State.

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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 11.11.2024 passed by Special Judge, SC/ST Act, Sultanpur in Bail Application No. 2907 of 2024 arising out of F.I.R. No. 294 of 2024, under Sections 304 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Jagdishpur, District Amethi.

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Learned counsel for the appellant submits that appellant has been falsely implicated in the present case and he is in jail since 18.8.2020. He further submits that after framing of charge, two witnesses have been examined and one witness, namely, Vinod Gupta has not supported the prosecution version. He also submits that appellant was also implicated in five other cases, details of which have already mentioned in para-3 of the supplementary affidavit and in all cases, he is on bail. It is further submitted that the Investigating Officer filed the charge sheet in mechanical manner and the court below also failed to appreciate the evidences in correct perspective and passed the impugned order. It is, thus, submitted that appellant, who is in jail since 18.8.2020, is entitled for bail and the impugned order is liable to be set aside.

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Learned A.G.A. vehemently oppose the prayer of the appellant and submit that after detail investigation, charge sheet was submitted by the Investigating Officer but he does not dispute the fact that P.W.2 in the cross examination has not supported the prosecution version.

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Considering the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A. and going through the contents of the appeal, impugned order, it is evident that P.W.2 in his deposition has not supported the prosecution version. Apparently, all these facts were not considered by the court below at the time of rejecting the bail application vide impugned order dated 11.11.2024.

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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 11.11.2024 passed by Special Judge, SC/ST Act, Sultanpur in Bail Application No. 2907 of 2024 arising out of F.I.R. No. 294 of 2024, under Sections 304 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Jagdishpur, District Amethi, is hereby set aside.

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Let appellant Balwant Gupta 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,

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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 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 :- 6.3.2025

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Gaurav/-

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

Balwant Gupta v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

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Balwant Gupta v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

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