Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:144291 Court No. - 83 Case :- CRIMINAL APPEAL No. - 648 of 2025 Appellant :- Akash Alias Akka Respondent :- State of U.P. and Another Counsel for Appellant :- Sarvesh Counsel for Respondent :- Dewarshi Kumar Rai,G.A. Hon'ble Shekhar Kumar Yadav,J.
1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.Supplementary affidavit filed today is taken on record.
2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Akash Alias Akka, to set aside the order dated 19.12.2024 in Bail Application No. 4122 of 2024 and to release him on bail in (Session Trial No. 678 of 2021) arising out of Case Crime No. 39 of 2021, under Sections 147, 148, 149, 302 IPC and Section 3(2)(5) of SC/ST Act, P.S. Nawabganj, District Kanpur Nagar.
3. Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in the present case. It is further contended that similarly placed co- accused persons, have already been granted bail & interim bail by co-ordinate Bench of this Court. Copies of the bail orders has been produced by the learned counsel for the appellant, which have been taken on record. It is further submitted that the appellant is in jail since 21.02.2021. It is further submitted that trial is not likely to be concluded in near future.
4. I have perused the bail orders of the co-accused and find that the role assigned to the present appellant is almost similar to that of co-accused persons, who have already been granted bail by this Court.
5. On the other hand, learned AGA as well as learned counsel for the informant has opposed the application for bail.
6. 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 made out a case for bail.
7. Accordingly, the appeal is allowed and the impugned
order rejecting the bail application of the appellant is hereby set-aside.
8. Let the appellant- Akash Alias Akka, involved in 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.
9. 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 :- 21.8.2025 RavindraKSingh Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad