Neutral Citation No. - 2025:AHC:56252 Court No. - 80 Case :- CRIMINAL APPEAL No. - 11885 of 2024 Appellant :- Suraj Singh Chauhan Alias Thakur Respondent :- State of U.P. Counsel for Appellant :- Salman Ahmad Counsel for Respondent :- G.A. With Case :- CRIMINAL APPEAL No. - 12235 of 2024 Appellant :- Deepak Pal Respondent :- State of U.P. and Another Counsel for Appellant :- Mahmudul Hasan Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. The above two connected Criminal Appeals under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have been preferred by the appellants - Suraj Singh Chauhan alias Thakur and Deepak Pal with the prayer to allow the appeals, set aside the bail rejection orders dated 5.9.2024 and 19.10.2024 passed by the Special Judge (SC/ST Act), Kanpur Nagar and release the appellants on bail in case crime no.106 of 2024 under Sections 147, 302, 34 IPC and Sections 3(2)5(Ka), 3(2)5 S.C./S.T. Act, Police Station Panki, District Kanpur Nagar. 2. Since both connected criminal appeals arise out of same crime number and relate to the same dispute, they are being disposed of by a common order. 3. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the entire record. 4. The informant instituted the FIR alleging that her son was missing since 12.3.2024 at 7:30 P.M. and she was informed by the accused Sahil that her son is admitted to hospital by the accused Deepak. The informant suspected that something wrong has been committed by Sahil and Deepak with her son. 5. It is submitted by the learned counsel for the appellants that the appellants are innocent and have been falsely implicated in this case on the basis of suspicion only. They have not committed the present offence. Alleged offences are not attracted against them. It is also submitted that the prosecution story is totally false and fabricated. It is also submitted that in fact the deceased met with an accident and admitted to hospital where he succumbed to his injuries. It is also submitted that the co-accused Sahil Kamal and Abhishek Shukla @ Monty have been released on bail by coordinate Bench of this Court vide orders dated 17.12.2024 and 13.11.2024 passed in Crl. Misc. Bail Application No. 43680 of 2024 and Crl. Appeal No.7703 of 2024 respectively. The case of the present appellants is not distinguishable. Appellant Suraj Singh Chauhan alias Thakur is languishing in jail since 6.4.2024 whereas appellant Deepak Pal is in jail since 5.4.2024 having no criminal antecedents to their credit. 6. On the other hand, learned A.G.A. opposed the Appeal and it has been vehemently submitted that ample evidence has been collected against the appellants during course of investigation. Deceased was a member of the weaker section of the Society and belonged to S.C./S.T. Community. 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 orders carefully. 8. In the facts and circumstances of the case and also taken into account the complicity of the accused persons in the incident, the nature of the offence, evidence, severity of punishment, bail granted to other co-accused persons having similar role in the incident, the Court is of the opinion that the appellants have made out a case for bail. The Court concerned erred in rejecting the bail applications of the appellants. The impugned orders suffer from infirmity and illegality and the same are liable to be set-aside and the appeals are liable to be allowed. 9. Accordingly, both the connected appeals are allowed and the impugned orders rejecting the bail applications of the appellants are set-aside. 10. Let the appellants Suraj Singh Chauhan alias Thakur and Deepak Pal involved in crime no.106 of 2024 under Sections 147, 302, 34 IPC and Sections 3(2)5(Ka), 3(2)5 S.C./S.T. Act, Police Station Panki, District Kanpur Nagar be released on bail on their 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 appellants will not tamper with the evidence during the trial. (ii) The appellants will not pressurize/ intimidate the prosecution witness. (iii) The appellants will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. (v) The appellants 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. 11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 10.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad