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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 3895 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J.
1. Heard Sri Sant Ram Sharma, learned counsel for appellant, learned counsel for the informant and learned AGA for the State. 2. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant - Lovekesh Rajpoot with the prayer to allow the appeal, set aside the bail rejection order dated 8.4.2025 passed by the learned Special Judge (S.C./S.T. Act)/Additional Sessions Judge, Banda and to release the appellant on bail in Case Crime No. 53 of 2025, u/s 140 (1), 115 (2), 352, 351 (3) Bharatiya Nyay Sanhita. 2023 and section 3(1)(Da), 3(1)(Dha), 3 (2) (V) S.C/S.T. Act, P.S. Girwan, District Banda. 3. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He has not committed the present offence. It is also submitted that the co-accused Sahil Rajpoot and Prince Rajpoot, having identical role, have been granted bail by this Court vide order dated 11.9.2025 passed in Criminal Appeal No. 3870 of
2025. The role of the present appellant is not distinguishable from the role of co-accused who have been enlarged on bail by the coordinate Bench of this Court, therefore, the appellant is also entitled to bail. 4. Learned A.G.A. has vehemently opposed the prayer. 5. I have considered the rival submissions so made and have gone through the entire record. Versus Counsel for Appellant(s) : Indra Pal Singh Rajpoot, Lok Nath Shukla, Raj Kumar Tiwari, Sant Ram Sharma, Shiv Sagar Singh Counsel for Respondent(s) : G.A., Rajeev Kumar Agrawal Lovekesh Rajpoot .....Appellant(s) State of U.P. and Another .....Respondent(s)
6. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. 7. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 8. Let the appellant Lovekesh Rajpoot involved in Case Crime No. 53 of 2025, u/s 140 (1), 115 (2), 352, 351 (3) Bharatiya Nyay Sanhita.
2023 and section 3(1)(Da), 3(1)(Dha), 3 (2) (V) S.C/S.T. Act, P.S. Girwan, District Banda, be released on bail on furnishing a personal bond and two 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. (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. 9. In case of breach of any of the above conditions, the court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 30, 2025 Ujjawal CRLA No. 3895 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad