Neutral Citation No. - 2025:AHC:137832 Court No. - 83 Case :- CRIMINAL APPEAL No. - 4098 of 2025 Appellant :- Asha Respondent :- State of U.P. and Another Counsel for Appellant :- Dharmendra Kumar Singh Counsel for Respondent :- G.A.,Munna Yadav Hon'ble Shekhar Kumar Yadav,J. Ref: Criminal Misc. Bail Application No.01 of 2025 1. This is second bail application of the appellant. The first bail application was rejected by this Court vide order dated 04.08.2023 passed in Criminal Appeal No.4031 of 2021, copy of order has been annexed as Annexure No.1 to the appeal. 2. 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 impugned judgment and order dated 21.04.2025 passed by Special Judge (SC/ST Act) Azamgarh as well as entire proceeding of Session Trial No.118 of 2021 arising out of Case Crime No.149 of 2021 (Asha Devi vs. State of U.P.) under Sections 302, 201, 394, 411, 34 IPC and Section 3 (2) (5) SC/ST (Prevention of Atrocities) Act, Police Station Mubarakpur, District Azamgarh. 3. Heard learned counsel for the appellant, the learned AGA for the State-respondent no.1 and perused the entire record. Despite service of notice, none has appeared on behalf of respondent no.2. 4. According to the prosecution case, the mother of the informant Bhanumati Devi left her house on 01.08.2021 at around 08.00 am. She was having a shop to sell vegetables. She was not traceable till 4.00 pm on the same day. On 02.08.2021 at around 1.30 pm, the dead body of his mother was recovered from the field of one Mannu Yadav. It is further alleged that the said body was kept in a gunny bag. The age of the deceased was 75 years and she was wearing silver ornaments and was also having Rs.30,000/-cash with her. 5. 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. There is no direct or indirect evidence against the appellant. Further submission is that the prosecution story is totally false and fabricated. Sole submission of learned counsel for the applicant is that the applicant is languishing in jail since 06.08.2021 having no previous criminal history and there is no possibility of early conclusion of trial because there are 28 prosecution witnesses and only 7 witnesses have been examined as yet. Essential ingredients to constitute the offence under the SC/ST Act are lacking in the matter. Further submission is that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 6. On the other hand, learned A.G.A. vehemently opposed the prayer for bail of the appellant. 7. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully. 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. 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. 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-Asha, 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 she is accused, or suspected, of the commission of which she 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 her 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 :- 13.8.2025 Ajeet Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad