Neutral Citation No. - 2025:AHC:85944 Court No. - 80 Case :- CRIMINAL APPEAL No. - 11155 of 2024 Appellant :- Ravi Kashyap Alias Kake Respondent :- State of U.P. and Another Counsel for Appellant :- Avaneendra Kumar,Hemant Sharma,Prem Shankar Sharma Counsel for Respondent :- Ankit Yadav,G.A. Hon'ble Kshitij Shailendra,J. 1. Heard Sri Hemant Sharma, learned counsel for the appellant, learned A.G.A. for the State and Sri Akhilesh, Advocate holding brief of Sri Ankit Yadav, learned counsel for opposite party No.2. 2. The instant appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act') has been preferred against the orders dated 20.08.2024 and 03.10.2024 whereby the court of Additional Sessions Judge/Special Judge (SC/ST Act), Bulandshahr has rejected the bail applications of the appellant, bearing No.3855 of 2024 and 5503 of 2024 arising out of Case Crime No.581 of 2024. 3. Prayer has been made to allow the appeal and release the appellant on bail, who is involved in Case Crime No.581 of 2024, under Sections 147, 304 IPC and Sections 3(2)(5) of the Act, Police Station Khurja Nagar, District Bulandshahr. 4. Learned counsel for the appellant submits that first information report lodged on 03.07.2024 raises common allegations of committing physical assault, against five persons namely Ravi Kashyap (appellant), Abhay Singh, Shafique, Arman Khan and Deshraj. It is urged that Deshraj and Shafique have already been granted bail by this Court respectively on 11.09.2024 and 17.01.2025. The orders granting bail have been placed before this Court which are taken on record. 5. On merits, it is contended that even in the CCTV footage collected by the Investigating Officer, all the accused persons were shown as beating the deceased, however, the cause of death cannot be correlated to the incident of physical assault, if at all it had taken place. Referring to the statement of one Shami, i.e. real brother of the deceased Lalit, it is submitted that he was working in the marriage hall when he found that his brother (deceased) had come in drunken state. He also raised identical allegations of committing physical assault by all the accused persons. 6. Further submission is that though in the post-mortem report, the immediate cause of death has been described as neurogenic shock, in the inquest report no injury was reported on the dead body. It is, therefore, contended that the case of the appellant being at par with Shafique and Deshraj and, even otherwise, strong on merits, the appellant may be released on bail as he is confined in jail since 13.08.2024. 7. Learned counsel for opposite party No.2 as well as learned AGA submit that Shafique was granted bail following the order granting bail to Deshraj, however, the bail granted to Deshraj mentioned a reasoning that when allegation was levelled against various persons, as to who had hit the deceased, could not be known. In this regard, learned counsel for opposite party No.2 has referred to annexure No.CA-1 to the counter affidavit where the Investigating Officer had, by referring to the CCTV footage, mentioned in the case diary that it was the appellant Ravi Kashyap who had been seen hitting the deceased by a pipe and was also accompanied by other persons. It is, therefore, contended that head injury to the deceased was caused by the appellant and, hence, his role is distinguishable from other co- accused in the present case. 8. Having considered the submissions made, the Court finds that allegations are common in nature, that is to say that even if the prosecution version is accepted as correct and the incident is said to have taken place, at this stage, it cannot be ascertained as to whether the cause of death was attributed to the appellant only. Once the inquest report mentions that no injury was found on the dead body and the same is read along with the statement of brother of deceased who had admitted working in the marriage hall owned by Deshraj and stated that his brother (deceased) had come in drunken state, at this stage, it cannot be said that the cause of death was due to injury caused by the appellant. Moreover, the FIR was not lodged under Section 302 IPC, rather under Sections 147 & 304 IPC. 9. Considering the aforesaid submissions and the fact that trial may consume time and that appellant is in jail since 13.08.2024, without expressing any opinion on the merits of the case of the rival parties, this Court deems it a fit case for grant of bail particularly when two co-accused persons have already been granted bail and also considering the merits of the case of the appellant separately. 10. Accordingly, the appeal is allowed and the impugned orders dated 20.08.2024 and 03.10.2024 described in 2nd paragraph of this order rejecting the bail applications of the appellant are set aside. 11. Let the appellant- Ravi Kashyap Alias Kake involved in the aforesaid case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The appellant will not tamper with the evidence during the trial. (ii). The appellant will not pressurize/ intimidate the prosecution witness. (iii). The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv). The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (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. 12. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. 13. It is made clear that this Court has not expressed any opinion on merits of the case of other co-accused involved in aforesaid case crime number. Order Date :- 21.5.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad