Sanjeet Yadav and 3 Others Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:35136

Court No. - 11

Case :- CRIMINAL APPEAL No. - 921 of 2025

Appellant :- Sanjeet Yadav And 3 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Ravindra Kumar Singh,Vivek Kumar Counsel for Respondent :- G.A.,Akhilesh Singh Chauhan,Satyendra Kumar Tiwari

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellants, 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 7.3.2025 passed by learned Additional District and Sessions Judge/Special Judge, SC/ST Act, Shravasti in Bail Application No. 183 of 2025 arising out of F.I.R. No. 301 of 2022, under Sections 147, 148, 323, 504, 506, 427, 308, 324, 325, 326 I.P.C. and Section 3(1)(da), 3(1)(dha) of SC/ST Act, P.S. Sirsia, District Shravasti.

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Learned counsel for the appellants submits that after detail investigation, name of the appellants were dropped by the Investigating Officer but applicants were summoned under Section 319 Cr.P.C., however, they always cooperated in the investigation and never misused the liberty given by the Investigating Officer. He further submits that appellants are in jail since 7.3.2025 and trial is not going on. He next submitted that learned trial court rejected the bail application of the applicants in the most mechanical manner therefore, impugned order is liable to be set aside and appellants are entitled to be released on bail.

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Learned A.G.A. vehemently opposes the prayer of the appellants but he does not dispute this fact that injuries found on the injured are in simple in nature and he also does not dispute this fact that in investigation, no evidence was found against the appellants but they were were summoned under Section 319 Cr.P.C.

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Considering the arguments advanced by the learned counsel for the appellants, learned A.G.A., and going through the contents of the appeal, impugned order, F.I.R. as well as other relevant documents, it is evident that appellants were named in the F.I.R., however, later on, their names were dropped but they were summoned by the trial court under Section 319 Cr.P.C., it is also evident that applicants cooperated in the investigation, therefore, this Court is of the view that learned court below fails to appreciate all these facts at the time of rejecting the bail application vide impugned order dated 7.3.2025.

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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 7.3.2025 passed by learned Additional District and Sessions Judge/Special Judge, SC/ST Act, Shravasti in Bail Application No. 183 of 2025 arising out of F.I.R. No. 301 of 2022, under Sections 147, 148, 323, 504, 506, 427, 308, 324, 325, 326 I.P.C. and Section 3(1)(da), 3(1)(dha) of SC/ST Act, P.S. Sirsia, District Shravasti, is hereby set aside.

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Let appellants Sanjeet Yadav, Mato @ Mata Prasad, Gobhi @ Amresh & Raksharam Yadav @ Batti , be released on bail in the aforesaid case crime number on their furnishing of separate personal bonds 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

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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 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 :- 9.6.2025 GauraV/-

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

Sanjeet Yadav and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

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