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2025 DAILYLAW 48672 (ALL)

GANGA PRASAD v. STATE OF U.P. AND ANOTHER

CRLA/3845/2025 · 2025-09-24

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. - 3845 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellant, learned counsel for the informant and learned AGA as well as perused the entire record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Ganga Prasad to set-aside the bail rejection order dated 3.4.2025 and passed by Special Judge SC.ST. Act, District Pilibhit in Case Crime No. 362 of 2024, under Sections 115(2), 103(1), 3(5), 351(2), 351(3), 352 of B.N.S.S and 3(1)DA, 3(1)DHA, 3(2)V of SC/ST. Act, Police Station- Barkheda, District- Pilibhit with a further prayer to release the appellant on bail during trial before the court below. 3. As per FIR version, the informant lodged the impugned FIR on 03.11.2024 against Ganga Prasad, Ompal, Surendra, Ram Nivas alleging therein that the appellant along with other three co-accused started abusing the informant's brother and when his brother refused to abuse, all the accused persons used caste related words against his brother. All the accused persons started hitting his brother with sticks resulting to serious injuries and brother of the informant fainted. 4. Learned counsel for the appellant submits that the the appellant is innocent and has been falsely implicated in this case. The applicant has not committed any offence as alleged in the impugned FIR. No specific role has been assigned to the appellant. Nothing has been recovered from the possession or pointing out of the appellant. There is no independent Versus Counsel for Appellant(s) : Pradeep Kumar Shukla Counsel for Respondent(s) : G.A., Jitendra Dwivedi, Pramod Kumar Singh Ganga Prasad .....Appellant(s) State of U.P. and Another .....Respondent(s) witness of the alleged incident. As per postmortem report the cause of death is shock and coma due to anti-mortem head injury. He further submits that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. Appellant is languishing in jail since 5.11.2024 having no criminal history. 5. On the other hand, learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail and submitted accused-appellant along with other co-accused have beaten the deceased with sticks, causing death as a result of the injuries. As per post-mortem report, the deceased sustained five injuries, including two to the head, one to the eye, one near the ear, and one to the hand. The cause of death is due to shock and coma caused by the antemortem injuries. He further submits that wife of the deceased, who has also received injury in the alleged incident, has also been examined by the doctor, has fully supported the prosecution story. The offence committed by the accused-appellant is of a serious nature, hence, the appellant is not entitled for bail and the present bail application is liable to be rejected. 6. Considering the facts and circumstances of the case as well as submission advanced by learned counsel for the parties, nature of allegations, gravity of offence, injuries caused by the appellant to the deceased and all attending facts and circumstances of case, the Court is of the opinion that it is not a fit case for grant of bail to the applicant. 7. Accordingly, the bail application is rejected. 8. The trial Court is directed to expedite the trial within a period of one year in accordance with law. September 25, 2025 Krishna* CRLA No. 3845 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad