HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2670 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the appellants and learned AGA for the State and perused the record. 2. By means of instant appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 the appellant has challenged the impugned order dated 24.07.2025 passed by the Special Judge, SC/ST Act, Hardoi in Bail Application No. 1991 of 2025, arising out of Case Crime No. 384 of 2025, under Sections 115(2), 352, 351(3), 105, 3(5) BNS and 3(2)(V), 3(2)(V)A, 3(1)(Dha) of SC/ST Act, P.S.-Shahabad, District-Hardoi. 3. While pressing the appeal seeking bail, it is submitted that as per the FIR lodged by the complainant Anjali, who belongs to Scheduled caste, on dated 07.06.2025 at about 05:00 pm, while she was getting back home with her father Sonpal, the accused Lala and Sudhir wrongfully restrained her father on the way, abused him in filthy language, and assaulted him brutally with lahtis and sticks. It is specifically alleged that a forceful blow was given on the head of the victim (now deceased), which caused grievous injuries. The victim was admitted to the hospital and subsequently referred to Lucknow due to his critical condition. During the course of investigation, the victim Sonpal got died after 2 days of the incident and the offence was accordingly altered to Section 105 of BNS. 4. The post mortem report of the deceased/victim shows the following ante- mortem injuries:- i- Contusion 4 cm x 3 cm on the top of the head. Versus Counsel for Appellant(s) : Uttam Kumar Awasthi Counsel for Respondent(s) : G.A., Narvind Kumar Singh Lala Alias Intsar .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Respondent(s) ii- Contusion 12 cm x 10 cm on the right side of the head above the ear. 5. The cause of death is noted to be coma due to ante-mortem head injuries. 6. It is further stated that from a perusal of the story of the prosecution indicated in the FIR, it is apparent that the incident occurred without premeditation of mind/on spur of moment and as such, if the prosecution ultimately succeeds in proving its case, then in that eventuality, conviction would be under Section 304 Part-II IPC and the offence under SC/ST Act is not attracted and therefore, ultimately at the conclusion of the trial, benefit of provision of First Offender can be extended in favour of appellant by the trial Court as the appellant has no criminal history and has not been previously convicted. 7. Thus, taking note of aforesaid facts and circumstances of the case as also that the appellant is in incarceration since 10.06.2025, indulgence of this Court is required in the matter and the impugned order is liable to be set aside and the appeal is liable to be allowed. 8. Learned A.G.A. and also Sri Narvind Kumar Singh, learned counsel for the opposite party No.2, vehemently opposed the prayer of the appellant, however, they could not dispute the above contentions made by the appellant's counsel. 9. Considered the arguments advanced by the learned counsel for the appellant, learned A.G.A., and gone through the contents of the appeal, impugned order, F.I.R., post mortem report as well as other relevant documents including the statement(s) recorded by the Investigating Officer during investigation. 10. Upon due consideration of above facts and circumstances including the statement(s) of the victim and contents of the FIR as 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. 11. The impugned order dated 24.07.2025 passed by the Special Judge, SC/ST Act, Hardoi in Bail Application No. 1991 of 2025, arising out of Case Crime No. 384 of 2025, under Sections 115(2), 352, 351(3), 105, 3(5) BNS and 3(2)(V), 3(2)(V)A, 3(1)(Dha) of SC/ST Act, P.S.-Shahabad, District- Hardoi, is hereby set aside. 12. Let appellant-Lala Alias Intsar be released on bail in the aforesaid case crime number on her furnishing personal bond of Rs. 25,000/- and two CRLA No. 2670 of 2025 2 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. (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. 13. 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. November 12, 2025 Vinay/- CRLA No. 2670 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench