Veeru Vishwakarma @ Veer Bahadur Vishwakarma Vs State of U.P. and Another

Heard Sri Sanjay Vikram Singh and Sri Ajit Shukla, learned counsel for the appellant, learned counsel for the opposite party no.2 and Sri Ajay Singh, learned A.G.A.-I for the State and perused the record.

¶10

On 02.09.2026, the following order was passed:-

¶11

"1. List revised.

¶12

2. Sri Sanjay Vikram Singh and Sri Ajeet Shukla, learned counsels for the appellant and Sri Ajay Singh, learned A.G.A.-I for the State are present.

¶13

3. Vide order dated 08.04.2026 notice was issued to the opposite party no.2. As per the office report dated 19.08.2026 a report regarding service of notice has been received which is flagged as flag 'M'. The report dated 04.08.2026 of the Chief Judicial Magistrate, Jaunpur along with the report dated 30.07.2026 of the Police Station Sarai Khwaja, District Jaunpur with the thumb impression as acknowledgement of the opposite party no.2 is annexed is on record which states that notice has been served on the opposite party no.2 personally. The notice thus is sufficient. Even sufficient time has elapsed since service of notice. Despite service of notice neither the opposite party no.2 is present nor there is any representation on his behalf.

¶14

4. Learned counsel for the State submits that he his file has not come from his office and prays for adjournment for a week.

¶15

5. Prayer is allowed.

¶16

6. Let the matter be listed on 09.09.2026 as fresh.

¶17

CRLA No. 3530 of 2026

¶18

2

¶19

7. Learned counsel for the State shall ensure that his file is available when the matter is listed next."

¶20

Even today, despite service of notice even in the revised call, there is no representation on behalf of opposite party No. 2.

¶21

Learned counsel for the State submits that his file with instructions are available. The Court proceeds to hear the matter.

¶22

This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Veeru Vishwakarma @ Veer Bahadur Vishwakarma with the prayer to set aside the order dated 24.03.2026 passed by the Special Judge (SC/ST Act), Jaunpur in Bail Application No. 101 / 2026 (Veeru Vishwakarma @ Veer Bahadur Vishwakarma Vs. State of U.P.) arising out of Case Crime No. 59 of 2026, under Sections 109(1), 3(5) B.N.S. and Section 3(2)(v) S.C./S.T. Act, Police Station Saraikhwaja, District Jaunpur with a further prayer to release the appellant on bail in the aforesaid case during the pendency of trial.

¶23

7.The First Information Report in the present matter was lodged on 08.02.2026 by Gorakh Sonkar against the appellant, alleging therein that on 08.02.2026, at about 5:30 P.M., his brother, Deepak Sonkar, and Pankaj Sonkar were fired upon by the accused, as a result of which the shot struck his leg. The accused fired with an intention to murder. Report be lodged and action be taken.

¶24

Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. It is submitted that Deepak was found to have received lacerated wound on his body which reads as under:

¶25

" (1) Lacerated wound: of size about 1 cm x 1 cm present over antero-medial surface of right foot about 11 cm anterior to medial malleolus of right foot."

¶26

8.1 The said injury was opined to be kept under observation and caused by hard and blunt object. It is submitted that he was subjected to X-ray wherein fracture was found on Ist metatarsal with a foreign body of metallic density of oblong shape in the injury. X-ray report reads as follows:

¶27

"(1) X-Ray Rt. Foot Showing fracture of Ist metatarsal and foreign body of metallic denisity of oblong shaped and of size 0.57 x 0.33 inch (of radio opaque shadow) seen part under view."

¶28

CRLA No. 3530 of 2026

¶29

3

¶30

8.2 It is submitted that Pankaj Sonkar was found to have received traumatic swelling over anterior surface right thigh on his body. The following injury reads as under:

¶31

"(1) Traumatic swelling with COP: Size about 9 cm x 6 cm present over anterior surface Right thigh Adv. X-Ray Rt. thigh."

¶32

8.3 The opinion of the doctor was that injury kept under observation and caused by hard object. In the X-ray, a fracture of the femur in the right thigh was found.

¶33

It is submitted that subsequently, both the injured persons assigned the role of firing upon Deepak Sonkar, causing injury to his leg, to the appellant. It is further submitted that although Pankaj Sonkar stated that he was subsequently fired upon by the appellant, he ran away and, fell into a ditch, due to which he sustained a fracture. It is submitted that the fracture sustained by Deepak Sonkar is on a non-vital part of the body. The investigation in the matter has been concluded, and the charge-sheet has been submitted. It is further submitted that no incriminating article has been recovered from the possession of the appellant. It is also submitted that the appellant has no criminal history, as stated in paragraph 28 of the affidavit. It is submitted that in the FIR, a common and general role was assigned to the appellant; however, subsequently, in the statements of the injured persons, the specific role of firing was assigned to the appellant. It is submitted that the appellant is in jail since 07.03.2026.

¶34

Per contra , learned counsel for the State opposed the prayer for bail.

¶35

After having heard learned counsel for the parties and perusing the record, it is evident that the injury sustained by Deepak Sonkar was on his foot, which resulted in a fracture. Although Pankaj Sonkar also sustained a fracture, the same is stated to have been caused by his falling into a ditch. The investigation in the matter has been concluded, and the charge-sheet has been filed. In the FIR, a common and general role was assigned to all three accused; however, during the course of investigation, specific roles were assigned to them. There is no recovery of any incriminating material from the appellant.

¶36

Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the

¶37

CRLA No. 3530 of 2026

¶38

4

¶39

possibility of tampering with the evidence, this Court is of the view that the appellant may be enlarged on bail.

¶40

Let the appellant- Veeru Vishwakarma @ Veer Bahadur Vishwakarma , be released on bail in the aforesaid case crime number on 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:-

¶41

(i) The appellant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

¶42

(ii) The appellant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

¶43

(iii) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

¶44

(iv) The appellant will not misuse the liberty of bail in any manner whatsoever. In case, the appellant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if 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 209 B.N.S., 2023.

¶45

(v) The appellant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. 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 and the trial court may proceed against him under Section 269 B.N.S., 2023.

¶46

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the appellant.

¶47