Neutral Citation No. - 2025:AHC:83889 Court No. - 86 Case :- CRIMINAL APPEAL No. - 6120 of 2024 Appellant :- Munna Yadav Alias Awadhesh Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Respondent :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. List revised. None appears for the opposite party no.2 inspite of service of notice upon the opposite party no.2. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the entire record. 2. The present criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 14.05.2024 passed by the learned Special Judge (SC/ST Act), District Chandauli in third Bail Application No. 911 of 2024, arising out of Case Crime No.183 of 2022 under Sections 302, 201, 34 I.P.C. and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Chakiya, District Chandauli whereby the bail application of the appellant has been rejected. 3. It has been argued by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in the present case. Learned counsel further submits that there is no evidence, either direct or indirect, against the appellant to connect him in commission of alleged offence. He further submits that there is no evidence of even last seen also does not exists against the appellant. Learned counsel further argued that appellant has been implicated in the present case, merely on the ground of recovery of shoes on his pointing out, which recovery has been supported by the P.W.2 and P.W.4, who became hostile during the trial. It is thus contended that even the alleged recovery became false. Learned counsel next argued that the co-accused persons namely, Manoja Devi, Pooja and Ram Kewal have already been enlarged on bail by this Court vide orders dated 27.03.2023, 04.07.2023 and 22.08.2023 passed in Criminal Misc. Bail Application No. 7930 of 2023, 7357 of 2023 and 8605 of 2023, copy of which orders have been produced before this Court and are taken on record. Several other submissions in order to demonstrate the falsity of the allegations made against the appellant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the appellant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that appellant is languishing in jail since 18.10.2022. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the appellant by contending that the innocence of the appellant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the appellant is released on bail he will misuse the liberty of bail, however, could not dispute the submissions of learned counsel for the appellant with regard to parity. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the appellant has made out a case for bail. Hence the appeal is liable to be allowed. 6. Accordingly, the appeal is allowed. Consequently, the impugned order passed by learned Special Judge (SC/ST) (PA) Act, District Varanasi is set aside. 7. Let the appellant, Munna Yadav alias AWadhesh Yadav be enlarged on bail in Case Crime No.183 of 2022 under Sections 302, 201, 34 I.P.C. and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Chakiya, District Chandauli, with the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 19.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad