HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 12374 of 2024 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant, Shri Vikas Mishra holding brief of Shri H.P. Yasdav, learned counsel for 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 - Ankush Yadav with the prayer to allow the appeal, set aside the bail rejection order dated 28.11.2024 passed by learned Speical Judge/F.T.C., Azamgarh in Case Crime No. 650 of 2023, under Section 302 and 201 IPC and Section 3(2)(5) of SC/ST Act, Police station Kotwali, district Azamgarh. 3. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. Leaned counsel for the appellant has submitted that he was not named in the first information report . The co-accused Mohd Amir, who was named in the first information report, was granted bail by this Court in Criminal Appeal No. 8325 of 2024 on 24.10.2024. Hence, the appellant is entitled to be released on bail. 4. Learned A.G.A. and counsel appearing on behalf of respondent have vehemently opposed the prayer and submitted that appellant and other co-accused Amir have committed the murder of the deceased therefore, the appellant is not entitled to be released on bail. 5. I have considered the rival submissions so made and have gone through the entire record. 6. Having regard to the facts and circumstances of the case, the fact that the co- accused named in the first information report has been granted bail by this Court, and that the role of the present appellant is not materially different from that of the co- accused, and keeping in view the nature of the offence, the evidence, the complicity of the accused, and the severity of the punishment, the Court is of the opinion that the appellant has made out a case for grant of bail. Versus Counsel for Appellant(s) : Ankit Mishra Counsel for Respondent(s) : G.A., Harendra Prasad Yadav Ankush Yadav .....Appellant(s) State of U.P. and Another .....Respondent(s) 7. Accordingly, the appeal is allowed and the impugned order dated 28.11.2024 rejecting the bail application of the appellant is set-aside. 8. Let the appellant Ankur Yadav involved in Case Crime No. 650 of 2023, under Section 302 and 201 IPC and Section 3(2)(5) of SC/ST Act, Police station Kotwali, district Azamgarh. 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. 9. 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 13, 2025 Sumaira CRLA No. 12374 of 2024 2 (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