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2025 DAILYLAW 191084 (ALL)

RAJ KUMAR LAWANIYA v. STATE OF U.P. AND ANOTHER

CRLA/7776/2025 · 2025-10-14

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7776 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant and learned AGA for the State. 2. Shri Ajay Kumar Chaurasia is present for the opposite party No. 2. 3. 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 - Raj Kumar Lawaniya with the prayer to allow the appeal, set aside the bail rejection order dated 21.8.2025 passed by the Special Judge (SC/ST Act)/Additoinal Sessions Judge, Agra in bail application No. 4586 of 2025 (Raj Kumar Lawaniya and another vs. State of U.P. and others) in Complaint Case No. 182 of 2023 (Mukesh Chand vs. Karan and others) arising out of Case Crime No. 534/2022, under Sections 323, 328, 373, 376-D, 504, 506, 342 IPC and 3(2)(V) of SC/ST Act, police station Sadar Bazar, district Agra. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. Learned counsel for the appellant submits that co-accused Versus Counsel for Appellant(s) : Kamlesh Kumar Dwivedi, Saurabh Dwivedi Counsel for Respondent(s) : Ajay Kumar Chaurasia, G.A. Raj Kumar Lawaniya .....Appellant(s) State of U.P. and Another .....Respondent(s) Ashok Kumar Lawaniya has been enlarged on bail by this Court vide order dated 9.10.2025 in Criminal Appeal No. 8154 of 2025 and on the ground of parity, the appellant is also entitled to be released on bail. 5. Learned A.G.A. has vehemently opposed the prayer and submitted that sufficient evidence to establish complicity of appellant has been collected by Investigating Officer, hence, the appellant is not entitled to be released on bail. 6. I have considered the rival submissions so made and have gone through the entire record. 7. 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. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. Let the appellant Raj Kumar Lawaniya involved in Complaint Case No. 182 of 2023 (Mukesh Chand vs. Karan and others) arising out of Case Crime No. 534/2022, under Sections 323, 328, 373, 376-D, 504, 506, 342 IPC and 3(2)(V) of SC/ST Act, police station Sadar Bazar, district Agra. 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. CRLA No. 7776 of 2025 2 (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. 10. 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 15, 2025 Sumaira CRLA No. 7776 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad