Neutral Citation No. - 2025:AHC:136893 Court No. - 83 Case :- CRIMINAL APPEAL No. - 10228 of 2024 Appellant :- Sooraj Respondent :- State of U.P. and Another Counsel for Appellant :- Kanhaiyalal Bind Counsel for Respondent :- G.A.,Sanjive Kumar Gupta Hon'ble Shekhar Kumar Yadav,J. 1. Notice has been served on respondent no. 2. 2. Heard learned counsel for the appellant and learned AGA as well as perused the entire record. 3. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Sooraj to set aside the order dated 14.03.2024 in Bail Application No.764 of 2024 and to release him on bail in Case Crime No.440 of 2023, under Sections 304, 504 IPC and Section 3(2) (V) S.C./S.T. Act, Police Station- Ushait, District- Budaun. 4. According to the prosecution case, on 27.11.2023 at about 06.45 p.m., the applicant is stated to have beaten to Kamlesh (since deceased), who was going to his home. Applicant attacked Kamlesh on his head with danda due to which he sustained serious injuries and fell down, after which he was hospitalized in Medical College, Budaun where during treatment, he was declared dead at 11.00 pm. 5. Submission of learned counsel for the appellant is that the appellant is innocent and has been falsely implicated in this case. Appellant is languishing in jail since 29.11.2023. Further submission is that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 6. On the other hand, learned A.G.A. has opposed the prayer for bail. He submits that applicant Sooraj has beaten Kamlesh (deceased) on his head by a danda due to which he died. Learned counsel for the appellant could not dispute the legal and factual submissions advanced by learned A.G.A. 7. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully. 8. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, role assigned to the present appellant and the nature of injury, the Court is of the opinion that the appellant has not made out a case for bail. 9. The present bail application stands rejected. Order Date :- 12.8.2025 Aiman Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad