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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4795 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- Ramu Alias Kashi to set aside impugned bail rejection order dated 9.5.2025 passed by Special Judge SC/ST Act Mathura in Bail Application No. 1525 of 2025 (Ramu @ Kashi Versus State of U.P.) arising out of Case Crime No. 224 of 2025, under Sections 333, 351(2), 352, 109, 61(2) B.N.S. and under section 9/25/27 Arms Act and 3(2)V S.C./S.T. Act, Police Station- Kosikala Mathura, District- Mathura with a further prayer to release the appellant on bail during the pendency of trial in the aforesaid case. 3. 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. He submits that the alleged incident is said to have taken place on 21.3.2025 whereas the FIR has been lodged after due deliberation and consultation on 22.3.2025 but no plausible explanation regarding delay has been mentioned. He further submits that it is a no injury case. There is no specific allegation has been assigned to the appellant. There is no independent witness of the alleged incident. He further submits that till date no charge has been framed and trial yet not started, therefore, there is no possibility of conclusion of trial in near future. Appellant is languishing in jail since 22.3.2025. 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. 4. On the other hand, learned counsel for the informant and learned A.G.A. have opposed the prayer for bail. Versus Counsel for Appellant(s) : Vinay Kumar Tripathi Counsel for Respondent(s) : G.A., Prasoon Kumar, Ravi Kumar Ramu Alias Kashi .....Appellant(s) State of U.P. and Another .....Respondent(s)
5. 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. 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, 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. 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- Ramu Alias Kashi, 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 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 Krishna* CRLA No. 4795 of 2025 2 (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 Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad