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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8661 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J.
1. List revised. 2. Heard learned counsel for appellant 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 - Rajeev Verma with the prayer to allow the appeal, set aside the bail rejection order dated 1.8.2025 passed by the learned Special Judge, SC/ST Act in Case Crime No. 107 of 2023, under Sections 302 IPC and 3(2)5 of SC/ST (P.A. Act), police station Bisharat Ganj, district Bareilly. 4. earned counsel for the appellant submits that he, along with the deceased, had gone outside. The deceased died due to drowning, and when the said fact came to the knowledge of his father/informant, he lodged this F.I.R. against the appellant on the allegation that the deceased was murdered by him. However, the post-mortem examination report itself establishes that the cause of death was due to drowning. Hence, the appellant is entitled to be released on bail. Versus Counsel for Appellant(s) : Pavan Kumar, Ashutosh Counsel for Respondent(s) : G.A. Rajeev Verma .....Appellant(s) State of U.P. and Another .....Respondent(s)
5. Learned A.G.A. has vehemently opposed the prayer. 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 Rajeev Verma involved in Case Crime No. 107 of 2023, under Sections 302 IPC and 3(2)5 of SC/ST (P.A. Act), police station Bisharat Ganj, district Bareilly. 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. CRLA No. 8661 of 2025 2
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. 8661 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad