HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 959 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant and the learned AGA for 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 with the prayer to allow the appeal, set aside the bail rejection order dated 17.10.2024 passed by the Special Judge SC/ST Act, Firozabad and to release the appellant on bail in Bail Application No.3946 of 2024 (Manish Kumar Kumar Vs. State of U.P., arising out of Case Crime No.230 of 2024, under Sections 191(2), 191(3), 115(2), 352, 109, 103 (1), 3(5) of The Bhartiya Nyaya Sanhita ( BNS)-2023 and Section 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Narkhi, District Firozabad. 3. Informant Shailendra Kumar lodged an FIR on 3.7.2024 wherein he alleged that his son Amar along with his friend was returning from birthday party on 2.7.2024. In between their motorcycle suffered some overheating and all of them got off it started playing with small pebbles on the road and in between one unknown person was hit by the pebble and some altercation started. Thereafter some unknown person on a motorcycle came there and started beating them. Hemant, friend of Vijay, who was also present there, received a phone call from his mother and he informed her that some unknown persons are assaulting them. On said information, Rajveer ( brother of Hemant), Kaushal and Vijay who was also son of informant arrived at the spot. All of them tendered their apology to the unknown persons but they continued their assaults with clubs and iron rods. When Vijay and his friends tried to flee from spot on a motorcycle, assailants who were by a car, hit them from back and started crashing them repeatedly. In the said incident, Versus Counsel for Appellant(s) : Dwijendra Prasad, Satendra Singh Counsel for Respondent(s) : G.A. Manish Kumar .....Appellant(s) State Of U.P. Through Principal Secratary Home Government Of U.P. At Lucknow And Another .....Respondent(s) Vijay was seriously injured and Rajveer suffered fracture of his backbone. Later on Vijay succumbed to the injuries in the trauma center. 4. Learned counsel for the appellant has submitted that alleged incident occurred on 2.7.2024. Hemant, who is alleged to be an eye witness of incident, has stated before Investigating Officer that alleged incident was committed by Vimlesh, Subodh, Kishan Yadav and Raj Kumar. He has specifically stated that it was Kishan Yadav who got his vehicle run over the deceased Vijay. CCTV footage of the said incident was also collected by Investigating Officer. However, appellant was not identified in the CCTV footage. One of assailant Vimlesh was arrested and he stated in his confessional statement that appellant was also involved in the incident. Learned counsel for appellant has further submitted that the appellant has been falsely implicated in this case on the basis of confessional statement of co-accused. Therefore, the appellant is entitled for bail. 5. Learned counsel for appellant has submitted that appellant and other co- accused have committed a very serious offence, not only they have assaulted the deceased and injured Rajveer, but they have also ran over their vehicle repeatedly on the deceased. The said act of appellant and other accused clearly reflects that they did the act in the furtherance of their common intention to murder the deceased. 6. Heard learned counsel for the parties and perused the case diary and it is apparent from the case diary that appellant was identified in the CCTV footage, therefore, it cannot be denied at this stage that appellant was not involved in the offence . 7. Accordingly, the bail application is rejected. (Anil Kumar-X,J.) October 8, 2025 Mukesh CRLA No. 959 of 2025 2 Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad