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2025 DAILYLAW 21623 (ALL)

PATIRAM v. STATE OF U.P. AND ANOTHER

CRLA/1723/2025 · 2025-09-23

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 1723 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. Ref: Criminal Misc. Bail Application No.01 of 2025 1. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the bail rejection order dated 11.12.2024 passed by learned Special Judge SC/ST (P.A.) Act, Farrukhabad in Second Bail Application No.3267 of 2024 arising out of Case Crime No.144 of 2014 (Complaint Case No.731 of 2023), under Section 302 IPC and 3(2)(V) of SC/ST Act, Police Station Amritpur, District Farrukhabad. 2. Heard learned counsel for the appellant, the learned AGA for the State- respondent no.1, learned counsel for the respondent no.2 and perused the entire record. 3. Submission of learned counsel for the appellant is that the appellant is innocent and has been falsely implicated in this case. The appellant has not committed any offence as alleged in the impugned FIR. Further submission is that the prosecution story is totally false and fabricated. There is no direct or indirect evidence against the appellant. Till date, only one witness has been examined and there is no possibility of early conclusion of trial, therefore, the appellant may be enlarged on bail. Further submission is that similarly placed co-accused, Vijendra Alias Rinku has already been granted bail by this Court vide order dated 27.08.2025 passed in Criminal Appeal No.3998 of 2025, copy of bail order has been placed on record. Further submission is that since the similarly placed co-accused has already been granted bail, the accused appellant is also entitled for bail on the ground of Versus Counsel for Appellant(s) : Abhijit Mishra, Vivek Tiwari Counsel for Respondent(s) : Devendra Singh, G.A., Gyan Chandra Patiram .....Appellant(s) State of U.P. and Another .....Respondent(s) parity. Appellant is languishing in jail since 21.02.2024 having no previous criminal history. Further submission is that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 4. On the other hand, learned A.G.A. as well as learned counsel for the informant vehemently opposed the the prayer for bail of the appellant. 5. I have perused the bail order of co-accused and find that the role assigned to the present appellant is almost similar to that of co-accused, who have already been enlarged on bail by this Court. 6. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, role assigned to the present appellant and the nature of injury, this Court is of the view that the appellant has made out a case for grant of bail on the ground of parity. The Court below erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed. 7. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 8. Let the appellant-Patiram, involved in aforesaid case crime number 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 CRLA No. 1723 of 2025 2 or tamper with the evidence. 9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 24, 2025 Ajeet CRLA No. 1723 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad