Awadhesh vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

1A. As per report of Chief Judicial Magistrate dated 26.03.2026, notice has been served personally upon opposite party no.2 who has however not put in appearance.

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Rejoinder Affidavit to objections of State are taken on record.

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This Criminal Appeal has been filed by the appellant under Section 14A(2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 with a prayer to set aside order dated 02.02.2026 passed by Special Judge S.C./S.T. Act, Barabanki on Bail Application arising out of Case Crime No.461 of 2025 under Sections 140(1), 103(1), 238 of B.N.S. & Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, P.S.Satrikh, District - Barabanki refusing bail to appellant. Further, a prayer has been made to enlarge the appellant on bail in the said case crime.

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As per contents of first information report which has been lodged against unidentified persons, it has been alleged that informant's son went missing on 01.10.2025 at about 9.00 P.M. and could not be located.

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CRLA No. 571 of 2026

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Learned counsel for the appellant submits that appellant has been falsely implicated in allegations levelled against him which would be evident from fact that while F.I.R. has been lodged against unidentified persons, appellant's name has been incorporated only on the basis of alleged confessional statement while in custody, the evidentiary value of which would require to be established by corroborating evidence. It is submitted that at present except for circumstantial evidence, there is nothing against appellant. It is further submitted that as per charge sheet, a brick is said to have been recovered from appellant which had caused death of informant's son but there are no details indicated with regard to F.S.L. report or the size of the recovered brick, which would require to be matched with the size of lacerated wounds. It is submitted that appellant without any previous criminal history is under incarceration since 07.10.2025.

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learned Additional Government Advocate has opposed the appeal with submission that apart from confessional statement of appellant and his wife, mobile phone of deceased as well as incriminating brick were recovered at the pointing out of appellant. It is however admitted that appellant does not have any previous criminal history.

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Considering the submissions advanced by learned counsel for the parties and perusal of material on record, it appears that while F.I.R. had been lodged against unidentified persons, name of appellant has been introduced only on the basis of alleged confessional statement, evidentiary value of which would require to be established by corroborating evidence during trial. F.S.L. report with regard to alleged recovery of incriminating brick is yet awaited. Appellant without any previous criminal history is under incarceration since 07.10.2025.

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Considering the facts and circumstance of the case, without commenting on merits, I am of the view that the learned court below has failed to appreciate the material available on record. The order passed by the court below is liable to be set aside. Accordingly, the appeal is allowed and the order dated 02.02.2026 is set aside.

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CRLA No. 571 of 2026

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Let appellant/applicant Awadhesh involved in aforesaid case 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 which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or otherwise tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall 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 appropriate orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code (now Section 269 of the Bharatiya Nyaya Sanhita, 2023).

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (bow Section 84 BNSS) 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

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CRLA No. 571 of 2026

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Section 174-A of the Indian Penal Code (now Section 209 of the Bharatiya Nyaya Sanhita, 2023).

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