Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 191857 (ALL)

ANKUR v. STATE OF U.P. AND ANOTHER

CRLA/8594/2025 · 2025-10-13

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8594 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. 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-Ankur with the prayer to allow the appeal, set aside the bail rejection order dated 19.8.2025 passed by learned Additional District & Sessions Judge/ Special Judge (S.C./S.T. (Ρ.Α.) Act), Shamli in Bail Application No.1279 of 2025 (Ankur Vs. State of U.P.), arising out of Case Crime No. 40 of 2025, Under Sections 191 (2), 126 (2), 218 (2) B.N.S. and 3(2)(v) 115(2) of The Scheduled Caste and The Scheduled Tribe (Prevention of Atrocities) Act, 1989, at Police Station Babri, District Shamli. 2. Learned counsel for the applicant has submitted that the appellant has been falsely implicated in this case. Informant has arrayed four accused persons. In the FIR, two accused persons, namely, Ankit and Ankur were granted bail by a Co-ordinate Bench of this Court vide order dated 15.9.2025 in Criminal Appeal No.5219 of 2025 ( Ankur Kashyap and Another Vs. State of U.P. and another). The role of present appellant is no different from the other co-accused who has been granted bail by this Court. No specific role to any of accused has been assigned by the informant in the FIR. Therefore, the appellant is entitled for bail. 3. Learned AGA has strongly opposed the prayer for bail. 4. I have considered the rival submissions so made and have gone through the entire record. 5. 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 appellants have made out a case for bail. Versus Counsel for Appellant(s) : Marjeet Mishra Counsel for Respondent(s) : G.A. Ankur .....Appellant(s) State of U.P. and Another .....Respondent(s) 6. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 7. Let the appellant- Ankur involved in Case Crime No. 40 of 2025, Under Sections 191 (2), 126 (2), 218 (2) B.N.S. and 3(2)(v) 115(2) of The Scheduled Caste and The Scheduled Tribe (Prevention of Atrocities) Act, 1989, at Police Station Babri, District Shamli, 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. 8. In case of breach of any of the above conditions, the concerned Court shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 14, 2025 Mukesh CRLA No. 8594 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad