HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2839 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Vide order dated 09.09.2025, the notices have been issued to opposite parties and as per office report dated 09.10.2025, the notice upon all the opposite parties has been served. Today when the case is taken up, neither counsel on behalf of the private opposite parties is present nor any counter on their behalf has been filed, therefore, this Court has no option but to proceed in the matter to decide the instant criminal appeal. This present Criminal Appeal has been preferred under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the order dated 23.05.2025 passed by the Special Judge (SC/ST Act), Sultanpur, whereby the bail application of the appellant was rejected in Case Crime No. 58 of 2025, Under Sections 103(1), 191(2), 115(2), 351(3) B.N.S. and Section 3(2)5 of the SC/ST Act, Police Station Dostpur, District Sultanpur. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case due to village party bandi (political enmity). Learned counsel submits that the main allegation of assault with a 'danda' (wooden stick) leading to the death of Sunra Devi is specifically attributed to co-accused Lallu by the prosecution Versus Counsel for Appellant(s) : Rakesh Kumar Nayak Counsel for Respondent(s) : G.A. Pavan Kumar .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 14 Others .....Respondent(s) witnesses, as recorded in the statements under Section 180 B.N.S.S. The role assigned to the present appellant is of exhortation. The appellant has no criminal history and he is languishing in jail since 15.03.2025. Learned counsel for the appellant further submits that a similarly situated co-accused, namely, Krishna Kumar Nishad, Ramashanker and Lallu have already been granted bail by this Court vide orders dated 17.09.2025, 09.10.2025 and 14.10.2025 passed in Criminal Appeal Nos. 1666 of 2025, 2892 of 2025 and 2919 of 2025 respectively. He submits that the present appellant role is not graver than the aforesaid accused persons, who have been released on bail, therefore, the present appellant is also entitled to be released on bail on the ground of parity. He next submits that the appellant is innocent and he undertakes to appear on each and every date before the Trial Court and will not misuse the liberty of bail or tamper with any evidence/witnesses. Per contra, learned A.G.A. vehemently opposed the prayer for bail, submitting that the appellant/applicant committed a serious offence involving the murder of an elderly woman from the Scheduled Caste community by causing a fatal head injury during a scuffle, coupled with the use of caste-related abuses. They asserted that the Special Judge (SC/ST Act), Sultanpur, rightly dismissed the bail application considering the gravity of the crime and the Post Mortem report which confirmed the death was due to ante mortem head injury. Upon consideration of the facts and circumstances of the case and the material available on record, and after hearing the submissions of learned counsel for the appellant/applicant and learned A.G.A., this Court finds that the co-accused, namely, Krishna Kumar Nishad, Ramashanker and Lallu have already been granted granted bail by this Court. The Court also finds the submission of the appellant that role of exhortation is assigned to the appellant and he languishing in jail since 15.03.2025. Without expressing any final opinion on the merits of the case and considering the appellant's undertaking, his period of incarceration, and the principle of parity with the co-accused persons, who have already been granted bail, this Court is of the view that the order passed by the court below rejecting the bail application CRLA No. 2839 of 2025 2 is liable to be set aside and the appellant should be enlarged on bail. Accordingly, the appeal is allowed. Consequently, the impugned order dated 23.05.2025 passed by the Special Judge (SC/ST Act), Sultanpur passed in Case Crime No. 58 of 2025, Under Sections 103(1), 191(2), 115(2), 351(3) B.N.S. and Section 3(2)5 of the SC/ST Act, Police Station Dostpur, District Sultanpur, is hereby set aside. Let the appellant Pavan Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during tria. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence. (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. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.PC. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law As this order relates to enlargement of the appellant/applicant on bail, it is clarified that observation(s) made in this order shall have no CRLA No. 2839 of 2025 3 bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order. October 15, 2025 kkv/ CRLA No. 2839 of 2025 4 (Pramod Kumar Srivastava,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench