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2025 DAILYLAW 30982 (ALL)

SHOBHNATH v. STATE OF U.P. AND ANOTHER

CRLA/5844/2023 · 2025-02-26

Nalin Kumar Srivastava

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:27545 Court No. - 82 Case :- CRIMINAL APPEAL No. - 5844 of 2023 Appellant :- Shobhnath Respondent :- State of U.P. and Another Counsel for Appellant :- Dharmendra Kumar Yadav,Manoj Singh Rathaur,Rajesh Kumar Dubey,Shitala Sahay Srivastav Counsel for Respondent :- Shiv Kumar Gupta,G.A.,Vipin Kumar Singh Hon'ble Nalin Kumar Srivastava,J. 1. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Shobhnath, with the prayer to set aside the bail rejection order dated 06.05.2023 passed by the Special Judge (SC/ST (P.O.A) Act), Sonbhadra and to release the appellant on bail in Special Session Trial No. 176 of 2023, arising out of case Crime No. 183 of 2022, under Sections 147, 504, 506, 447, 419, 420, 467, 468, 471 IPC and Sections 3(2)(V), 3(1) (Da) and 3(1)(Dha) of SC/ST Act, P.S. Babhani, District Sonbhadra. 2. Heard learned counsel for the appellant, learned counsel for the respondent no.2-informant as well as the learned AGA and perused the entire record. 3. Two demand drafts bearing No. 736039 dated 25.02.2025 amounting to Rs. 4,60,000/- and 736040 dated 25.02.2025 amounting to Rs. 90,000/- respectively, total Rs. 5,50,000/- were handed over by the learned counsel for the appellant to the learned counsel for the respondent no. 2-informant of this case before the Court. 4. Since the whole amount due to the respondent no. 2-informant has been paid by the appellant and no objection on the point of bail has been raised by the learned counsel for the respondent no. 2- informant, the bail application of the appellant is allowed, the impugned order rejecting the bail application of the appellant is liable to be set-aside and the appeal is liable to be allowed. 5. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 6. Let the aforesaid appellant involved in the 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 or tamper with the evidence. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 27.2.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad