HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2892 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard, learned counsel for the parties and perused the record. This 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/applicant(s) was rejected in Case Crime No. 58 of 2025, Under Sections 103(1), 191(2), 115(2), 352, 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/applicant, Ramashankar, submits that the appellant/applicant has been falsely 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 witnesses, as recorded in the statements under Section 180 B.N.S.S. The allegation of the appellant/applicant assaulting the deceased is general in nature (kicks, fists, and lathi-danda). Furthermore, the appellant/applicant deny using any caste-related abuses. Learned counsel for the appellant/applicant further submits that a similarly situated co-accused, namely Phool Chand, has already been enlarged on bail by the learned Special Judge vide order dated 13.06.2025. Given that a co-accused involved in the allegations has been granted bail, the present appellant/applicant is also entitled to be released on the principle of parity. One of the appellant/applicant is also a Government Employee posted in the PWD Department, Ambedkar Nagar. The appellant/applicant is innocent and undertake 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. The appellant/applicant is in jail since 15.03.2025. Versus Counsel for Appellant(s) : Rakesh Kumar Nayak Counsel for Respondent(s) : G.A. Ramashanker .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 14 Others .....Respondent(s) 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 Phool Chand, has already been enlarged on bail by this Court on 13.06.2025 (in Bail Application No. 1794 of 2025). The Court also finds the submission of the appellant/applicant that there is no specific weapon attributed to him, and he has been in jail since 15.03.2025. Furthermore, the allegation against the appellant/applicant is based on the general assertion of assault with kicks, fists, and lathi-danda, while the fatal blow (causing 'Hemorrhage and shock due to ante mortem head injury') is primarily attributed to co-accused Lallu in the witnesses' statements. Without expressing any final opinion on the merits of the case, and considering the appellant/applicant's undertaking, his period of incarceration, and the principle of parity with the co-accused Phool Chand, who has already been granted bail, this Court is of the view that the order passed by the court below rejecting the bail application is liable to be set aside and the appellant/applicant should be enlarged on bail. Accordingly, the appeal is allowed. Consequently, the impugned order dated 23.05.2025 passed by the court of learned Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, Sultanpur, arising out of Case Crime No. 58 of 2025, is hereby set aside. Let the appellant/applicant- Ramashanker be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions (1) The appellant/applicant shall cooperate with the prosecution during trial. (ii) The appellant/applicant shall not tamper with the evidence during tria. (iii) The appellant/applicant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant/applicant shall not commit an offence. (v) The appellant/applicant 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 CRLA No. 2892 of 2025 2 evidence. (vi) The appellant/applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant/applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant/applicant 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 bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order. October 9, 2025 Haseen U. CRLA No. 2892 of 2025 3 (Pramod Kumar Srivastava,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench