HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2279 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard Shri Ajay Kumar, learned counsel for the appellant, Mohammad Ahmad, learned counsel for the respondent as well as learned A.G.A. for the State-respondent. 2. The present appeal has been filed under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, against the order dated 07.07.2025, passed by learned Special Judge, Scheduled Caste & Scheduled Tribes (P.A) Act, Sultanpur, in Bail Application No. 1832/2025, arising out of Case Crime No. 61 of 2025, under Section 103(1) B.N.S and Section 3(2)(V) Scheduled Caste & Scheduled Tribes (P.A) Act, Police Station Ramganj, District Amethi. 3. Pressing the present appeal and impeaching the order, under appeal, dated 07.07.2025, learned counsel for the appellant stated that the appellant, being the real brother of the co-accused Rishi Kumar, has been falsely implicated. 4. It is also stated that the co-accused Rishi Kumar solemnized love marriage with the deceased, the daughter of the informant Govind Lal son of Ram Lagan, about three years before the incident. 5. It is further stated that from a bare perusal of the F.I.R no. 61 of 2025, lodged at Police Station-Ramganj, District Amethi, on 02.06.2025, in connection with the appellant having no criminal history, is in jail since 03.06.2025, it is apparent that it is Rishi Kumar, who assaulted the deceased with kulhadi (axe), the same is also evident from post-mortem report, which indicates four incised wounds and one lacerated wound and autopsy surgeon opined that the cause of death is ante-mortem injuries. Versus Counsel for Appellant(s) : Ramakar Shukla Counsel for Respondent(s) : G.A., Brijesh Kumar, Chandra Bhooshan, Vaishali Shashi Kumar .....Appellant(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. And Another .....Respondent(s) 6. It is further submitted that the accused infact is co-accused Rishi Kumar, is also evident from the inquest report, of which the informant Govind Lal, son of Ram Lakhan is the witness and his statement recorded by the Investigating Officer in terms of Section 180 B.N.S.S. The statement(s) of other witnesses namely Neeta, Abhimanyu, Abhishek, Anuj and Monu, recorded by the Investigating Officer also indicates that Rishi Kumar assaulted the deceased with kulhadi (axe). 7. Further submission of learned counsel for the applicant is that the co- accused Rishi Kumar, in his confessional statement has confessed that he killed the deceased on account of the fact that she was in terms with some other person. Thus, it is apparent that the appellant has not committed any crime. 8. Thus, indulgence of this Court is required and as such, the appellant, who is in jail since 03.06.2025, is entitled for bail and the impugned order is liable to be set aside and the appeal is liable to be allowed. 9. Learned A.G.A. vehemently opposed the prayer of the appellant. However, he could not dispute the above contentions made by the appellant's counsel. 10. Considered the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A., and gone through the contents of the appeal, impugned order, F.I.R., including the statement of the witnesses recorded under Sections 180 B.N.S.S. 11. Upon due consideration of above facts and circumstances including statement of the persons referred above as also the role assigned to the appellant and also keeping in view the fact that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed. 12. Order dated 07.07.2025, passed by learned Special Judge, Scheduled Caste & Scheduled Tribes (P.A) Act, Sultanpur, in Bail Application No. 1832/2025, arising out of Case Crime No. 61 of 2025, under Section 103(1) B.N.S and Section 3(2)(V) Scheduled Caste & Scheduled Tribes (P.A) Act, Police Station Ramganj, District Amethi, is set aside. 13. Let appellant Shashi Kumar, be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant will cooperate with the prosecution during trial. CRLA No. 2279 of 2025 2 (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (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 will 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./Section 351 BNSS. 14. 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 15. As this order relates to enlargement of the appellant on bail, it is clarified that observations 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 made in this order. September 12, 2025 DiVYa CRLA No. 2279 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench