Neutral Citation No. - 2025:AHC-LKO:4964 Court No. - 16 Case :- CRIMINAL APPEAL No. - 4051 of 2024 Appellant :- Imamul Khan Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Appellant :- Manoj Kumar Singh,Anoop Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the appellant, learned A.G.A. appearing for the State and perused the record. This criminal appeal has been filed by the appellant under Section 14A (2) the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside the order dated 13.12.2024 passed in Bail application No. 3177/12A/2024 arising out of case crime No.537/2016, under Section 302 I.P.C. and Section 3(2)(v) of S.C./S.T. Act, Police Station Payagpur, District Bahraich. Learned counsel for the appellant while pressing the appeal submits that, the appellant has been falsely implicated in this case. Nothing as claimed by the prosecution has been committed by the appellant. It is contended on behalf of the appellant that case is of circumstantial evidence, chain of circumstance is not complete. According to post mortem report, cause of death is ante mortem hanging. No one has seen the incident. Appellant has been falsely implicated in this case. In fact there is no material with the prosecution against the appellant except the statement of the prosecution witnesses which are not relevant. Prima facie no offence under Section 302 IPC is made out against the appellant nor there is any evidence to attract provisions of SC/ST Act. It is further submitted that, the appellant is languishing in jail in this matter since 02.12.2024. There is no likelihood that the appellant-applicant after release on bail may flee from the process of law or will misuse the liberty of bail granted by this Court. Learned counsel for the appellant submits that co-accused Firoz who was assigned similar role has been enlarged on bail by this Court vide order dated 09.01.2025 passed in criminal misc. bail application No. 3710 of 2024. Learned counsel for the applicant seeks parity with the order of the co-accused. Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the appellant-applicant. Considering the facts and circumstance of the case, fact that applicant is in jail since 02.12.2024 so also the fact that appellant seeks parity with the bail order of co-accused Firoz and without commenting upon merits, I am of the view that the learned court below has failed to appreciate the material available on record. In view of above, the order passed by the court below is liable to be set aside. Accordingly, the appeal is allowed and the order dated 13.12.2024 passed in Bail application No. 3177/12A/2024 arising out of case crime No.537/2016, under Section 302 I.P.C. and Section 3(2)(v) of S.C./S.T. Act, Police Station Payagpur, District Bahraich, is set aside. Let the appellant-applicant-Imamul Khan involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (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 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. (iv) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the appellant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. The pending application, if any, too stands disposed of. Order Date :- 24.1.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench