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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4940 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J.
1. Notice has been served upon respondent no.2 personally. 2. Heard learned counsel for the applicant, Sri Mayank Dutt Mishra, respondent no. 2 and learned AGA for the State as well as perused the record. 3. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Sanam Sahani to set aside the order dated 07/05/2025 in Bail Application No.2015 of 2025 and to release him on bail in Case Crime No. 495 of 2024, under Sections 191(2), 191(3), 190, 115(2), 352, 351(3), 103 BNS and section 3(2)(v), 3(2)(va), 3(2))(r), 3(1)(s) SC/ST Act, P.S. Khorabar, District Gorakhur. 4. Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in the present case. The appellant is in jail since 26.08.2024. 5. It is further contended that similarly placed co-accused person, namely, karan Sahani, has already been granted bail this Bench of this Court vide order dated 28.08.2025 in Criminal Appeal No. 974 of 2025, therefore, the applicant is also entitled for bail on the ground of parity. Versus Counsel for Appellant(s) : Dhirendra Pratap Singh, Rajeev Kumar Singh Counsel for Respondent(s) : G.A., Mayank Mohan Dutt Mishra, Uttar Kumar Goswami Sanam Sahani .....Appellant(s) State of U.P. and Another .....Respondent(s)
6. I have perused the bail order of the co-accused and find that the role assigned to the present appellant is almost similar to that of co-accused person, who has already been granted bail by this Court. 7. On the other hand, learned AGA has opposed the application for bail but could not dispute the submission raised by learned counsel for the appellant. 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. 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- Sanam Sahani, 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 CRLA No. 4940 of 2025 2
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. September 12, 2025 RPD CRLA No. 4940 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad