Allahabad High Court
Amar Chandra Lonia vs State Of U.P. Thru.Prin.Secy. Home And 2 ... on 6 October, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:61296
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL APPEAL No. - 561 of 2023
Amar Chandra Lonia
.....Appellant(s)
Versus
State Of U.P. Thru.Prin.Secy. Home And 2 Others
.....Respondent(s)
Counsel for Appellant(s)
:
Ramakar Shukla, Ashish Kumar, Rahul Mishra
Counsel for Respondent(s)
:
G.A., Dileep Kumar Tiwari, Md.Khurshed Ahmad
Court No. - 11
HON'BLE SAURABH LAVANIA, J.
1. Case called out. No one appeared on behalf of the private opposite party Nos. 2 and 3 despite despite the fact that names of Sri Dileep Kumar Tiwari, Advocate and Sri Md.Khurshed Ahmad, Advocate are shown in the cause list as counsel for the private opposite parties. Learned AGA is present in the Court. In these circumstances and also taking note of the order of this Court dated 22.08.2025, which says "It is made clear that no further time would be granted for the aforesaid purpose and on the next date, the case shall not be adjourned on account of the absence of learned counsel for the respondent no. 3, the Court proceeded to hear the instant bail appeal on merits.
2. Heard learned counsel for the appellant and learned A.G.A. for the State of U.P. as well as perused the record.
3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 11.11.2022 passed by Special Judge, SC/ST (PA) Act, Sultanpur in Bail Application No. 3672 of 2022, arising out of FIR/Case Crime No. 261 of 2022, under Sections- 366, 376, 307, 324, 504, 506 IPC and Section-3(2)(V), 3(1)(R), (S) of SC/ST (PA) Act, Police Station- Jamo, District- Amethi.
4. While pressing the present appeal, learned counsel for the appellant submitted that the appellant is languishing in jail since 30.08.2022 and he is having no criminal history, which has not been opposed by learned AGA based upon counter affidavit, and the prosecution would examine several witnesses to support its case and in this view of the matter, the conclusion of trial in near future is extremely bleak. As such, taking note of the period of incarceration, the appellant is entitled to be released on bail.
5. In regard to period of incarceration, learned counsel for the appellant has placed reliance on the judgment passed by the Hon'ble Apex Court in the case of Union of India Vs. K.A. Najeeb reported in AIR 2021 SCC 712 and Paras Ram Vishnoi. Vs. The Director General Bureau of Investigation, passed in Criminal Appeal No.693 of 2021 (Arising out of SLP (Crl.) 3610 of 2020), as per which, bail can be granted to those accused persons on the ground that there is no possibility to conclude the trial in near future and there is a long incarceration period of that accused. Relevant para-16 of the case of K.A. Najeeb (supra) is quoted below:- "This Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to justice and a speedy trial. In Supreme Court Legal Aid Committee Representing Undertrial Prisoners v. Union of India, it was held that undertrials cannot indefinitely be detained pending trial. Ideally, no person ought to suffer adverse consequences of his acts unless the same is established before a neutral arbiter. However, owing to the practicalities of real life where to secure an effective trial and to ameliorate the risk to society in case a potential criminal is left at large pending trial, Courts are tasked with deciding whether an individual ought to be released pending trial or not. Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, Courts would ordinarily be obligated to enlarge them on bail."
6. In the case of Paras Ram Vishnoi (supra), the Hon'ble Apex Court has observed regarding point of incarceration period and delay in trial. The relevant part of the said judgment is quoted below:- "On consideration of the matter, we are of the view that pending the trial we cannot keep a person in custody for an indefinite period of time and taking into consideration the period of custody and that the other accused are yet to lead defence evidence while the appellant has already stated he does not propose to lead any evidence, we are inclined to grant bail to the appellant on terms and conditions to the satisfaction of the trial court."
7. It is further stated that the allegations related to the offence as indicated under Section 376 IPC levelled by the victim are completely false. It is for the reason that doctor concerned upon due mediation examination of victim does not find any internal injury over the body of victim. Other injuries sustained in the incident, as indicated in the injury/medicolegal report annexed at Page No. 49 of the paper book, are not fatal in nature.
8. It is further submitted that taking note of period of incarceration of the appellant and also that the trial is not proceeding as required in terms of Section 309 Cr.P.C., the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail.
9. Learned A.G.A. for the State opposed the prayer for bail. He says hat the victim has supported the case of prosecution in her statement recorded in terms of Section 164 Cr.P.C. However, he could not dispute the aforesaid contentions of counsel for the appellant.
10. Considered the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and all the relevant documents placed on record.
11. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order, as also the medical report and also that the appellant is in jail since 30.08.2022 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed.
12. Order dated 11.11.2022 passed by Special Judge, SC/ST (PA) Act, Sultanpur in Bail Application No. 3672 of 2022, arising out of FIR/Case Crime No. 261 of 2022, under Sections- 366, 376, 307, 324, 504, 506 IPC and Section-3(2)(V), 3(1)(R), (S) of SC/ST (PA) Act, Police Station- Jamo, District- Amethi is hereby set aside.
13. Let the appellant- Amar Chandra Lonia be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :-
(i) 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.
(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 him 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.P.C.
14. 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
15. 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.
(Saurabh Lavania,J.)
October 6, 2025
Arun/-
