HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7183 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. List revised. 2. Heard learned counsel for appellant, Shri Saurav Mishra holding brief of Shri Vineet Singh Parmar, learned counsel for opposite party No. 2 and learned AGA for the State. 3. 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 - Mukesh Yadav with the prayer to allow the appeal, set aside the bail rejection order dated 2.8.2025 passed by learned Special Judge SC/ST (P.A.) Act/Additional Sessions Judge court No. 2 Etawah in Bail Application No. 1510 of 2025 (Mukesh Yadav vs. State of U.P.) arising out of Case Crime No.54 of 2025, under section 105 B.N.S. and 3(1)(s), 3(2)(v), 3(2)(va) of SC/ST (P.A.) Act, police station Basrehar, district Etawah. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. Learned counsel for the appellant submits that a dispute between the appellant and the deceased occurred on 8.7.2025. It has been alleged that the appellant was asking the deceased, who was the Gram Pradhan, regarding the construction of his toilet, and when the deceased told him that it would take some time, the appellant, being enraged by his reply, pushed him, causing the deceased to fall on the ground. It was submitted by the Versus Counsel for Appellant(s) : Pankaj Kumar Mishra, Satyendra Narayan Singh Counsel for Respondent(s) : G.A., Krishna Kumar Chaturvedi, Vinay Kumar, Vineet Singh Parmar Mukesh Yadav .....Appellant(s) State of U.P. and Another .....Respondent(s) appellant that the deceased died as he suffered a cardiac arrest. The role of the appellant is not more than that of pushing the deceased to the ground; therefore, the appellant is entitled to bail. Hence, the appellant is entitled to be released on bail. 5.Learned A.G.A. and counsel for opposite party No. 2 have vehemently opposed the prayer and submitted that the cause of death of the deceased was the push given by the appellant; hence, the appellant is not entitled to be released on bail. 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 Mukesh Yadav involved in Case Crime No.54 of 2025, under section 105 B.N.S. and 3(1)(s), 3(2)(v), 3(2)(va) of SC/ST (P.A.) Act, police station Basrehar, district Etawah. 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. CRLA No. 7183 of 2025 2 (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 15, 2025 Sumaira CRLA No. 7183 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad