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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4225 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J.
1. Heard learned counsel for the appellant 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- Ajeet Yadav to set aside impugned Bail Rejection Order dated 19.04.2025 passed by the learned Special Judge (S.C./S.T. Act)/Additional Session Judge, Ballia arising out of Case Crime No. 37 of 2025, under Sections 190, 191(2), 191(3), 118(1), 109, 352, 351(3) B.N.S. and Section 3(1)Da, 3(1)Dha, 3(2)v, 3(2)va of S.C./S.T. Act, Police Station- Ubhaon, District- Ballia. 3. As per prosecution story, the informant lodged the impugned FIR on 17.2.2025 against the appellant and other co-accused persons alleging therein that on 16.02.2025 there was marriage of a girl. His son Rakesh Kumar Kanaujiya had gone to attend the marriage. At about 10:00 pm, due to dispute of dancing on DJ, a dispute arose between the Gharati and barati and then the applicant and others accused persons attacked upon his son with the knife and due which his son has sustained serious injuries over the stomach and back and his treatment was going on at Mau. 4. Learned counsel for the appellant submits 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. The appellant is student. There is no specific role has been assigned to the appellant. The main role has been Versus Counsel for Appellant(s) : Radheshyam Yadav, Rishu Bhartiya, Shashank Kumar Counsel for Respondent(s) : G.A. Ajeet Yadav .....Appellant(s) State of U.P. and Another .....Respondent(s)
assigned to the co-accused Vijay Yadav. Appellant is languishing in jail since 17.2.2025 having no previous criminal history. He further submits that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 5. On the other hand, learned A.G.A. has opposed the prayer for bail. 6. 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. 7.
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. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 9. Let the appellant- Ajeet Yadav, 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 CRLA No. 4225 of 2025 2
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. 10. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
September 18, 2025 Krishna* CRLA No. 4225 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad