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2025 DAILYLAW 35874 (ALL)

PRAMOD KUSHWAHA v. STATE OF U.P. AND ANOTHER

CRLA/2954/2025 · 2025-08-11

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:136180 Court No. - 83 Case :- CRIMINAL APPEAL No. - 2954 of 2025 Appellant :- Pramod Kushwaha Respondent :- State of U.P. and Another Counsel for Appellant :- Brajesh Nath Rai,Rahul Mishra Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. As per office report dated, 12.8.2025, notice has been served upon respondent no.2 personally. None present on behalf of the respondent no.2. 2. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 3. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Pramod Kushwaha to set aside the order dated 19.3.2025 in Bail Application No.190 of 2025 and to release him on bail in Case Crime No. 456 of 2024, under Sections 103(1), 238 of B.N.S. and section 3(2)(5) of S.C./S.T. Act, P.S.- Kotwali Nagar, Mahoba, District- Mahoba. 4. Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in the present case. The appellant is in jail since 24.01.2025. 5. It is further contended that similarly placed co-accused person, namely, Khet Singh, has already been granted bail by co-ordinate Bench of this Court vide order dated 18.3.2025 in Criminal Misc. Bail Application No. 8825 of 2025, therefore, the applicant is also entitled for bail on the ground of parity. 6. I have perused the bail order of the co-accused and find that the role assigned to the present appellant is almost similar to that of co-accused person, who has already been granted bail by this Court. 7. On the other hand, learned AGA has opposed the application for bail but could not dispute the submission raised by learned counsel for the appellant. 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, role assigned to the present appellant and the nature of injury, the Court is of the opinion that the appellant has made out a case for bail. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 10. Let the appellant- Pramod Kushwaha, 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 or tamper with the evidence. 11. 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 :- 12.8.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad