Neutral Citation No. - 2025:AHC:26377 Court No. - 82 Case :- CRIMINAL APPEAL No. - 9753 of 2023 Appellant :- Ram Khiladi Respondent :- State of U.P. Counsel for Appellant :- Upendra Kumar Pushkar Counsel for Respondent :- G.A.,Satendra Kumar Upadhyay Hon'ble Nalin Kumar Srivastava,J. 1. List has been revised. Learned counsel for the appellant and learned A.G.A. for the State are present. No one is present on behalf of opposite party no. 2. 2. Supplementary affidavit alongwith charge sheet has been filed today, which is taken on record. 3. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 03.08.2021 passed by the Special Judge (SC/ST Act), Aligarh in Case Crime No. 253 of 2020, under Sections 302, 504 I.P.C. and Section 3(2)(V) SC/ST Act, Police Station Palimukimpur, District Aligarh. 4. Heard learned counsel for the appellant, the learned AGA for the State and perused the entire record. 5. The prosecution story in brief is that son of the informant was stabbed bitterly by the accused Ram Khiladi who sustained grievous injuries. He was sent to hospital for medical treatment but subsequently died. 6. It is submitted by the learned counsel for the appellant that the appellant is innocent, he has not committed the alleged offence and has been falsely implicated in this case only due to village animosity. Alleged offences are not attracted against him. It is further submitted that the prosecution story is vague and bogus. It is further submitted that as per the F.I.R. of this case, the appellant was present at the place of occurrence and alone made assault upon the deceased by use of knife but however in the statements of the informant and other witnesses, four other persons were also implicated and their separate roles have been attributed. It is next submitted that there is no eye witness of the alleged occurrence. It is next submitted that recovery of knife, weapon of murder shown by the police is false and fabricated. It is also submitted that the medical evidence does not corroborate the prosecution version. It is also submitted that the appellant is languishing in jail since 15.12.2020 having no criminal history to his credit. 7. Per contra, learned A.G.A. vehemently opposed the bail and it has been submitted that the F.I.R. of this case was lodged and some important material was left which was explained by the informant and other witnesses in their subsequent statements recorded by the Investigating Officer. It is further submitted that in the F.I.R. of this case and statement of the informant role of stabbing the deceased by the appellant is intact fact. It is next submitted that the post mortem report reveals that the stabbed wound were found over the body of the deceased which corroborate the prosecution case. The deceased, who was young boy, was done to death by the appellant, therefore, the appellant is not entitled for bail. 8. 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. 9. Having regard to the facts and circumstances of the case and keeping in view the gravity of the offence, evidence, complicity of the accused, role of the appellant, particularly keeping in view of the subsequent statements made by the informant and other witnesses, this Court is of the opinion that no ground for bail is made out and the appeal deserves to be dismissed. 10. Accordingly, the appeal is dismissed. Order Date :- 24.2.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad