Neutral Citation No. - 2025:AHC-LKO:36123 Court No. - 11 Case :- CRIMINAL APPEAL No. - 1483 of 2025 Appellant :- Amit Kumar Pandey Alias Dheeraj Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Ayodhya Prasad Mishra A.P. Mishra,Amit Kumar Rai,Ankit Singh,Jaylaxmi Upadhyay,Rituraj Mishra,Shesh Ram Verma Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the material on record. 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 order dated 03.05.2025 passed by learned Special Judge (SC/ST Act). It is submitted by learned counsel for the appellant that in this case the daughter of the informant aged about 21 years was working in Multispeciality Hospital, Durgaganj for a period of four years. Sahwaj was also working there. There was love affair between both of them and due to dispute between Sahwaz and the victim she consumed poison. When this fact came into the knowledge of the present appellant who is manager of the hospital, her treatment was started but she could not be saved and she died. Thereafter the information was given to her family on which they became enraged and lodged the F.I.R against the present appellant and some other co-accused persons under sections 70(1), 103(1), 3(5) BNSS Act but after investigation the charge sheet was filed under section 64(1), 108, 238, 61(2A) BNSS Act and under section 3(2)(5) SC/ST Act, police Stanton Raniganj, District Pratapgarh. It is further submitted that there is no any allegation of rape against the appellant. He also submits that during postmortem report no any external or internal injury was found on the person of the deceased and cause of death could not be ascertained and viscera was preserved for medical analysis . In this regard there is no any role of the present appellant in the instant case. He is in jail since 30.3.2025 having no any criminal antecedent. All these facts were not taken into consideration by the learned Special Judge while deciding the appeal, therefore, request to release the appellant on bail. Learned A.G.A. opposed the prayer as aforesaid Considering the facts and circumstances of the case submissions made by learned counsel for appellant as well as learned A.G.A., perusal of record, the order passed by learned trial court, the allegation made in the F.I.R, postmortem report showing no any external or internal injury on the person of the deceased and also private part of the victim, there appears ground for bail in favour of appellant. Therefore, the order passed by learned Special Judge is hereby set aside and the appeal is allowed. Let the appellant. Amit Kumar Pandey alias Dheeraj involved in Bail Application No. 1163 of 2025 arising out of Case Crime No.80 of 2025 under Sections 64(1), 108, 238, 61 (2a) of BNSS Act, (u/s 376, 306, 201, 120-B I.P.C) and 3(2)(5) SC/ST Act, Police Station Raniganj, District Pratapgarh be released on bail on furnishing a personal bond and two heavy 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. 1. The appellant will not tamper with the evidence during the trial. 2. The appellant will not pressurize/ intimidate the prosecution witness. 3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. 4. 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. 5. 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. 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 :- 23.6.2025 GS/A. Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench