Ramvilash v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 3781 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard learned counsel for the appellant and learned AGA for the State as well as perused the record. As per the office report dated 15.12.2025 notice has already been served upon the opposite party No. 2 but till date neither any counsel has appeared on behalf of opposite party No. 2 nor counter affidavit has been filed on his behalf, it appears that he is not interested to file any counter affidavit. In the above circumstances, as the matter pertains to bail this Court has no option but to proceed for final arguments to decide the present appeal. The present criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 30.07.2025 passed by Special Judge, (S.C./S.T. Act), Lakhimpur Kheri in Bail Application No. 302/2025, arising out of Case Crime No. 1067/2007, under Sections 467, 468, 471, 419, 420 I.P.C., and Section 3 (1) (10) of the S.C./S.T. Act, Police Station Mohammadi, District Lakhimpur Kheri, whereby the bail application of the appellant has been rejected. Learned counsel for the appellant submits that the initially vide order dated

13.05.2008 the appellant was granted bail by the trial court. Learned counsel for the appellant/applicant submits that the appellant was out of station in connection with earning his livelihood and, due to this reason, he could not appear before the trial court on 31.05.2017. Consequently, a non-bailable warrant was issued against him. In compliance with the said non-bailable warrant, the appellant was arrested and has been in jail since 21.07.2025. Hence, he seeks bail and prays that his bail Versus Counsel for Appellant(s) : Rahul Agnihotri, Uday Kumar Counsel for Respondent(s) : G.A. Ramvilash .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Respondent(s) application be considered sympathetically by this Court. Learned counsel for the appellant/applicant submits next submits that in case the appellant is enlarged on bail, he shall not misuse the liberty of bail and he shall fully cooperate with the trial. He has further submitted that there is no possibility of the appellant to intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case. For the aforesaid reasons, learned counsel for the appellant submits that the instant criminal appeal deserves to be allowed and the impugned order may be set aside and consequently, the appellant deserve to be enlarged on bail. Per contra, learned AGA has opposed the prayer for bail. Having considered the submissions as advanced by the learned counsel for the appellant and learned AGA and perused the record as well as keeping in view the fact that the appellant was on bail granted by the trial court and, due to his non-appearance, a non-bailable warrant was issued against him, in pursuance of which he has been arrested and is languishing in jail since

21.07.2025. He has further undertaken that, in case he is enlarged on bail, he shall not misuse the liberty of bail and shall cooperate with the trial, without expressing any opinion on merit, this Court is of the view that the learned court below has failed to appreciate the material available on record, thus, the order passed by the court below is liable to be set aside. Accordingly, the appeal is allowed. Consequently, the impugned order dated

30.07.2025 passed by Special Judge, (S.C./S.T. Act), Lakhimpur Kheri in Bail Application No. 302/2025, arising out of Case Crime No. 1067/2007, under Sections 467, 468, 471, 419, 420 I.P.C., and Section 3 (1) (10) of the S.C./S.T. Act, Police Station Mohammadi, District Lakhimpur Kheri, is hereby set aside. Let the appellant-Ramvilash be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions-

(1) The appellant shall cooperate with the prosecution during trial.

(ii) The appellant shall not tamper with the evidence during trial

(iii) The appellant shall not pressurize/intimidate the prosecution witness(s).

(iv) The appellant shall not commit an offence. CRLA No. 3781 of 2025

(v) The appellant 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence.

(vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel.

(vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

(viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.PC. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order. December 16, 2025 Arvind CRLA No. 3781 of 2025 (Pramod Kumar Srivastava,J.) High Court of Judicature at Allahabad, Lucknow Bench