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2025 DAILYLAW 146856 (ALL)

AKHILESH PANDEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

CRLA/1848/2025 · 2025-06-25

Subhash Chandra Sharma

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36439 Court No. - 11 Case :- CRIMINAL APPEAL No. - 1848 of 2025 Appellant :- Akhilesh Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Appellant :- Dharmendra Kumar Trivedi Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. 1. Heard learned counsel for the appellant, learned A.G.A. and perused the entire record. 2. Learned A.G.A. has stated that the notice has been served upon respondent no.2. 3. 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 06.05.2025 passed by the learned Special Judge (SC/ST Act), Raebareli in Bail Application No.1046 of 2025, Sandeep Yadav & Another vs. State of U.P.), arising out of Special Sessions Trial No.288/2018, Case Crime No.20/2018, under Sections 504, 506 I.P.C. and Sections 3(1)(Dha) SC/ST Act, Police Station Mill Area, District Raebareli. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent and has not committed any offence, but has been falsely implicated in the present case. He further submits that the allegation against the appellant is that he insulted the complainant with caste-related words and assaulted him with kicks and fists; however, no injury was found on the person of the complainant. The case has been lodged under Sections 504 and 506 of I.P.C., and Section 3(1) (dha) of the SC/ST Act. 5. His next submission is that the learned trial court has rejected the bail application of the appellant without considering all these facts and only on the basis of criminal history of co-accused, Sandeep. There is no any criminal history of the present appellant. 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 and the same deserves to be set aside. There is request to enlarge the appellant on bail during the course of the trial. 6. Learned A.G.A. opposed the prayer as aforesaid. 7. On considering the facts and circumstances of the case, the submissions made by learned counsel for the appellant and learned A.G.A. for the State, perusal of the record, order passed by the learned trial Court dated 06.05.2025, there appears to be sufficient ground for granting bail to the appellant during the course of the trial. Therefore, the impugned order dated 06.05.2025 suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is to be allowed. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant dated 06.05.2025 is hereby set- aside. 9. Let the appellant- Akhilesh Pandey involved in Case Crime No.20/2018, under Sections 504, 506 I.P.C. and Sections 3(1)(Dha) SC/ST Act, Police Station Mill Area, District Raebareli be released on bail on furnishing a personal bond and two heavy sureties 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. (Subhash Chandra Sharma, J) Order Date :- 25.6.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench