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2025 DAILYLAW 200700 (ALL)

NETRAPAL ALIAS BABA v. STATE OF U.P. AND ANOTHER

CRLA/4585/2025 · 2025-10-14

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4585 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Case called out in the revised call. None has appeared on behalf of opposite party no. 2 to press this matter. 2. Heard learned counsel for appellant and the learned AGA for State. 3. As per office report, notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal. 4. 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- Netrapal Alias Baba with the prayer to allow the appeal, set aside the bail rejection order dated 28.01.2025 passed by the learned court of Special Judge SC/ST (Prevention of Atrocities) Act, Court No. 02, Shahjahanpur, in Bail Application No. 3752 of 2024, (Netrapal @ Baba Vs. State ), arising out of Case Crime No. 265 of 2024, Under Sections 105, 115(2), 352, 61(2) of B.N.S. & Section 3(2)(V) व 3(1) द, ध SC/ST ACT, Police Station Jaitipur, District- Shahjahanpur. 5. Learned counsel for the appellant has submitted that the appellant has been falsely implicated in the present case. He further submits that co- accused namely Virendra has been granted bail by this Bench of this Court vide order dated 8.10.2025 in Criminal Appeal No.4553 of 2025 ( Virendra Vs. State of U.P. and another), thus appellant is also entitled for bail on the ground of parity. 6. Learned AGA has strongly opposed the prayer for bail. 7. I have considered the rival submissions so made and have gone through the entire record. Versus Counsel for Appellant(s) : Shobh Nath Pal, Tripurari Pal Counsel for Respondent(s) : G.A., Shaheen Baano Netrapal Alias Baba .....Appellant(s) State of U.P. and Another .....Respondent(s) 8. 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. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 10. Let the appellant- Netrapal Alias Baba involved in Case Crime No. 265 of 2024, Under Sections 105, 115(2), 352, 61(2) of B.N.S. & Section 3(2)(V) व 3(1) द, ध SC/ST ACT, Police Station Jaitipur, District- Shahjahanpur, 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. 11. 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 15, 2025 Mukesh CRLA No. 4585 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad