Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 191277 (ALL)

HARKESH SINGH v. STATE OF U.P. AND ANOTHER

CRLA/8812/2025 · 2025-10-16

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8812 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard Sri N.I. Jafri, learned Senior Counsel assisted by Sri Ambreen Masroor, learned counsel for appellant, Sri Hemant Kumar, 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 - Harkesh Singh with the prayer to allow the appeal, set aside the bail rejection order dated 01.09.2025 passed by the learned Additional Session Judge/Special Judge (S.C/ST Act) Rampur, and to release the appellant on bail in Case Crime No.198 of 2025 u/s 318(4), 115(2), 352, 351(2), 336(3), 338, 340(2), 61(2) BNS and section 3(1) Da, 3(1) Dha, 3(2)VA, 3(2)V S.C/ST Act, Police Station Tanda, District Rampur. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He submits that appellant was not named in the FIR. The allegation of the informant is that his daughter was provided fake matriculation certificate issued by the ICSE Board by the In-charge Principal of Rajkiye Inter College, Manakpur Banjariya, Rampur. The said fake mark sheet was issued by the Rajkiye Inter College, Manakpur Banjariya, Rampur. Later on, the daughter of the informant passed 11th class from his school, i.e., Jamuna Devi Inter College, Mundi Milk, Tanda, Rampur, of which the appellant is the Principal. The appellant has no concern with the fake mark sheet issued by the In-charge Principal of Rajkiye Inter College, and he has been falsely implicated, therefore, the appellant is also entitled to bail. 5. Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the name of the appellant came into light during the investigation, and Versus Counsel for Appellant(s) : Ambreen Masroor, Sadrul Islam Jafri, Sr. Advocate Counsel for Respondent(s) : G.A. Harkesh Singh .....Appellant(s) State of U.P. and Another .....Respondent(s) role of the appellant cannot be denied at this stage. 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 Harkesh Singh involved in in Case Crime No.198 of 2025 u/s 318(4), 115(2), 352, 351(2), 336(3), 338, 340(2), 61(2) BNS and section 3(1) Da, 3(1) Dha, 3(2)VA, 3(2)V S.C/ST Act, Police Station Tanda, District Rampur, 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. 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 17, 2025 Ujjawal CRLA No. 8812 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad