Neutral Citation No. - 2025:AHC:17115 Court No. - 82 Case :- CRIMINAL APPEAL No. - 11871 of 2024 Appellant :- Deenanath Patel Respondent :- State of U.P. and Another Counsel for Appellant :- Anil Kumar Verma Counsel for Respondent :- G.A.,Kaveendra Kumar,Majahar Ali Hon'ble Nalin Kumar Srivastava,J. 1. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 21.11.2024 passed by the Special Judge (SC/ST Act), Varansi. 2. Heard learned counsel for the appellant, the learned AGA for the State as well as learned counsel for the opposite party no. 2 and perused the entire record. 3. The prosecution case in brief is that the appellant and other co- accused persons, who were seen for the last time with the deceased person, are stated to have committed the murder of the father of the informant on 24.02.2024 between 9-10 p.m. by administering some poisonous material to him. The dead body of the deceased was recovered from the agricultural field nearby. The F.I.R. was lodged against the accused persons and after investigation, charge sheet was submitted. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent, he has not committed the alleged offence and has been falsely implicated in this case. Alleged offences are not attracted against him. It is further submitted that the F.I.R. is delayed by about four months and there is no plausible explanation of the delay in lodging the F.I.R. Even the application under Section 156(3) Cr.P.C. has been moved after a delay of two months. The cause of death could not be ascertained. It is next submitted that as per post-mortem report, three injuries were found on the face, which were but natural as the deceased was found lying on the field in a posterior position and they might have been sustained due to fall as the deceased was under the influence of alcohol. The said fact of alcohol stand fortified from the inquest report itself. Even the viscera report indicates that it contained the poison aluminum phosphide and ethyl alcohol. Ethyl alcohol indicates presence of liquor in his viscera. The Court concerned while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. Appellant is languishing in jail since 15.09.2024 having no criminal history to his credit. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. It is also submitted that similarly placed co-accused Anish Kumar and Jitendra Kumar have been granted bail by coordinate of this Court vide order dated 16.12.2024 in Criminal Misc. Bail Application No. 42179 of 2024. 5. On the other hand, learned AGA as well as learned counsel for the opposite party no. 2 opposed the prayer for bail and it has been submitted that that there is evidence of a neighbour who had seen certain noises coming out of the house and has stated that some altercation was going on between the family members. 6. 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. 7. 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 of the appellant, similarly placed co-accused Anish Kumar and Jitendra Kumar have been granted bail, this Court is of the opinion that the appellant has made out a case for bail. The Court concerned erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. Let the appellant Deenanath Patel involved in Case Crime No. Case Crime No.215 of 2024, under Sections 302, 201 I.P.C. and 3(2)(V) SC/ST Act, Police Station Cholapur, District Varanasi 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. 10. 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 :- 6.2.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad