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2025 DAILYLAW 192321 (ALL)

GIRAND v. STATE OF U.P. AND ANOTHER

CRLA/2230/2025 · 2025-10-16

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 2230 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant, 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 - Girand with the prayer to allow the appeal, set aside the bail rejection order dated 11.2.2025 passed by Special Judge S.C.S.T. (P.A.) Act, Etah and to release the appellant on bail in Case Crime No. 65/2024, under sections 103(1), 238, 309(6), 315, 317(2) B.N.S. & Section 3(2) 5 S.C./S.T. Act, Police station Rizor, District Etah. 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 the FIR was lodged against unknown persons. The informant's son went missing on 11.07.2024, and a missing report was lodged the very next day. The dead body of the informant's son was recovered from the ridge of a field on 16.07.2024. The appellant and co-accused, Sunil, were arrested by the police on 22.07.2024 after a police informer disclosed that the deceased was last seen with the appellant and co-accused. No evidence, except the statement of the informant, is available against the appellant to establish his role in the present case. Therefore, the appellant is also entitled to bail. Learned counsel for the informant and the learned A.G.A. have vehemently opposed the prayer for bail, submitting that the purse of the deceased was recovered at the instance of the appellant and the co-accused. Hence, it cannot be denied that the said purse was in the possession of the appellant and co-accused. The surrounding circumstances indicate that the deceased Versus Counsel for Appellant(s) : Prabhakar Pal, Rajesh Kumar Singh Counsel for Respondent(s) : G.A., Upendra Upadhyay Girand .....Appellant(s) State of U.P. and Another .....Respondent(s) was murdered after being robbed by the appellant and the other co-accused. 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 Girand involved in Case Crime No. 65/2024, under sections 103(1), 238, 309(6), 315, 317(2) B.N.S. & Section 3(2) 5 S.C./S.T. Act, Police station Rizor, District Etah, 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. 2230 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad