HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4242 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. 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 bail rejection order dated 19.04.2025 passed by learned Special Judge SC/ST, Act/Additional Session Judge, Ballia in Second Bail Application No.797 of 2025 arising out of Case Crime No.37 of 2025, under Sections 190, 191(2), 191(3), 118(1), 109, 352, 351(3) BNS and Sections 3(1) Da, 3(1) Dha, 3(2)v, 3(2) va of SC/ST Act, Police Station Ubhaon, District Ballia. 2. Heard learned counsel for the appellant, the learned AGA for the State- respondent no.1 and perused the entire record. 3. 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. Further submission is that the prosecution story is totally false and fabricated. Further submission is that there are four accused persons including the appellant. Only general role assigned against all accused persons. No specific role assigned to the appellant. As per allegation, main role assigned to co- accused Vijay Yadav. Further submission is that similarly placed co- accused, Ajeet Yadav and Umesh Yadav who were also named accused person, has already been granted bail this Court vide orders dated 18.09.2025 and 22.09.2025 passed in Criminal Appeal Nos.4225 of 2025 and 4223 of 2025, copy of bail order has been placed on record. Further submission is that since the similarly placed co-accused has already been Versus Counsel for Appellant(s) : Radheshyam Yadav, Rishu Bhartiya, Shashank Kumar Counsel for Respondent(s) : G.A. Abhishek Yadav .....Appellant(s) State of U.P. and Another .....Respondent(s) granted bail, the accused appellant is also entitled for bail on the ground of parity. Appellant is languishing in jail since 17.02.2025 having no previous criminal history. Further submission is that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 4. On the other hand, learned A.G.A. vehemently opposed the the prayer for bail of the appellant. 5. I have perused the bail order of co-accused and find that the role assigned to the present appellant is almost similar to that of co-accused, who have already been enlarged on bail by this Court. 6. 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, this Court is of the view that the appellant has made out a case for grant of bail on the ground of parity. 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. 7. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 8. Let the appellant-Abhishek 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. 4242 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. 9. 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 22, 2025 Ajeet CRLA No. 4242 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad