Neutral Citation No. - 2025:AHC-LKO:41159 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1945 of 2025 Appellant :- Vikas Verma Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Appellant :- Vivek Chandra Counsel for Respondent :- G.A.,Himanshu Shukla Hon'ble Saurabh Lavania,J. 1. Personal affidavit of Superintendent of Police, Barabanki filed by learned AGA in the Court today is taken on record. 2. Heard Sri Vivek Chandra, counsel for the appellant, Sri Nirmal Kumar Pandey, learned A.G.A. for the State of U.P. and Sri Himanshu Shukla, learned counsel for the opposite party No. 2/complainant as well as perused the record. 3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 02.06.2025 passed by Special Judge (SC/ST Act), Barabanki in Bail Application No. 1534 of 2025, arising out of Case Crime No. 160 of 2025, under Sections- 3(5), 351(3), 352, 115(2), 105 B.N.S. and Sections- 3(2)(V) of SC/ST Act, Police Station- Fatehpur, District- Barabanki. 4. While pressing the present appeal, learned counsel for the appellant submitted that as per the case of prosecution, deceased Shiv Prakash (husband of complainant/opposite party No. 2) was assaulted on 01.03.2025 at about 10.00 P.M. at Dashrathpur Cold Storage by Milan, Vinesh Verma and other unknown persons alongwith the son of Shivam Verma owner of Cold Storage and also made casteist remarks. Due to injuries sustained, Shiv Prakash was admitted in C.H.C. (Community Health Centre), Fatehpur and thereafter was referred to Trauma Centre, Lucknow. He ultimately succumbed to injuries sustained. 5. It is further stated that based upon the written report given by the opposite party No. 2/Smt. Sony w/o deceased Shiv Prakash, the FIR of the incident i.e. FIR/Case Crime No. 0160/2025 was registered at Police Station- Fatehpur, District- Barabanki on 03.03.2025 at about 9.38 hours under Sections- 115(2), 352, 351(3), 3(5) B.N.S. and Sections- 3(1)(Da), 3(1)(Dha) and 3(2)(va) of SC/ST Act. 6. It is further stated that during investigation, the appellant surrendered and he was taken into custody and sent to jail and he is languishing in jail since 16.05.2025. 7. It is also stated that during investigation, the complainant/opposite party No. 2 submitted an application dated 12.05.2025 before the Superintendent of Police, Barabanki and also an affidavit dated 22.05.2025 before the court concerned, copies of which are annexed as Annexure Nos. SA-2&3 to the supplementary affidavit dated 14.07.2025, and a perusal of these documents would show that the appellant is innocent and he has not committed any crime. 8. Further submission is that in view of statement of complainant/opposite party No. 2, chances of conviction of appellant in the instant case are extremely bleak. 9. It is further submitted that appellant, having no criminal history, is languishing in jail since 16.05.2025. In these circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail. 10. Learned A.G.A. for the State as well as learned counsel for the opposite party No. 2 opposed the prayer for bail, however, they could not dispute the aforesaid contentions of counsel for the appellant. 11. Considered the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and all the relevant documents placed on record. 12. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order, as also the contents of application dated 12.05.2025 and affidavit dated 22.05.2025 of the complainant/opposite party No. 2, referred above, including that the appellant is in jail since 16.05.2025 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed. 13. Order dated 02.06.2025 passed by Special Judge (SC/ST Act), Barabanki in Bail Application No. 1534 of 2025, arising out of Case Crime No. 160 of 2025, under Sections- 3(5), 351(3), 352, 115(2), 105 B.N.S. and Sections- 3(2)(V) of SC/ST Act, Police Station- Fatehpur, District- Barabanki is hereby set aside. 14. Let the appellant- Vikas Verma be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence. (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. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 15. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law 16. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order. Order Date :- 18.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench