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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8714 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J.
1. List revised. 2. Heard learned counsel for appellant and learned AGA for the State. 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 - Jitendra with the prayer to allow the appeal, set aside the bail rejection order dated 1.7.2025 passed by the Special Jduge SC/ST (P.A.) Act, Moradabad in second bail appliation No. 4967 of 2025 in Special Sessions Trial No. 1144 of 2021 (State vs. Vineet Kumar and others) arising out of Case Crime No. 375 of 2021, under Section 302/34 IPC and Section 3(2)(V) of SC/ST Act, police station Bhojipur, district Moradabad. 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 Vineet Kumar has been enlarged on bail by the coordinate Bench of this Court vide order dated 18.11.2022 in Criminal Appeal No. 1310 of 2022 and on the ground of parity, the appellant is also entitled to be released on bail. Versus Counsel for Appellant(s) : Rajesh Counsel for Respondent(s) : G.A. Jitendra .....Appellant(s) State of U.P. and Another .....Respondent(s)
5. Learned A.G.A. has vehemently opposed the prayer. 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 Jitendra involved in Case Crime No. 375 of 2021, under Section 302/34 IPC and Section 3(2)(V) of SC/ST Act, police station Bhojipur, district Moradabad. 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. CRLA No. 8714 of 2025 2
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. 8714 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad