Neutral Citation No. - 2025:AHC:1659 Court No. - 82 Case :- CRIMINAL APPEAL No. - 6914 of 2024 Appellant :- Rashid Ali Respondent :- State of U.P. and Another Counsel for Appellant :- Amit Kumar Srivastava Counsel for Respondent :- G.A.,Vipin Gangwar Hon'ble Nalin Kumar Srivastava,J. 1. Rejoinder affidavit filed today is taken on record. 2. Heard learned counsel for the appellant, learned A.G.A. for the State as well as learned counsel for the respondent no.2 and perused the material placed on record. 3. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant Rashid Ali with the prayer to allow the appeal, set aside the third bail rejection order dated 5.6.2024 passed by Special Judge (SC/ST Act), Bareilly and release the appellant on bail in Case Crime No.54 of 2024 under Section 302 IPC and Section 3 (2) v S.C./S.T. Act, P.S. Izzatnagar, District Bareilly. 4. The prosecution case, as culled out in the F.I.R., is that Meena Devi and Netrapal, the wife and son of the informant respectively were present at the nursery of the informant. One Suresh asked him on phone to reach immediately the nursery and the informant when reached there, he found the dead bodies of his wife Meena and son Netrapal lying on the chak road and it appeared that they have been killed by making some blows upon their skull. The F.I.R. further reveals the fact that the marriage of Suman, the elder daughter of the informant, was settled with one Sanjeev s/o Latoori but subsequently the relation was refused by the informant and he had some suspicion that the said Sanjeev is the mastermind of the murder of his wife and son. The named F.I.R. against accused Sanjeev was lodged and investigation started. 5. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He has not committed the present offence. Alleged offences are not attracted against him. It is also submitted that the prosecution story is totally false and fabricated. Present appellant has nothing to do with the informant and his daughter Suman or his wife and son. It is also submitted that the present appellant is not named in the F.I.R. and with a specific allegation against accused Sanjeev he was named in this matter. It is also submitted that on the basis of the statement of accused Sanjeev, name of the appellant came to light who disclosed before the police the factum of some affair between Suman and the present appellant and further Suman, the daughter of respondent no.2 / informant, in her statement under section 161 Cr.P.C. admitted before the Investigating Officer that she was having some affair with Rashid Ali (present appellant) and they both wanted to marry with each other. It is also submitted that the prosecution story regarding recovery of some incriminating articles like grinding cutter, blade, screwdriver and other instruments and basooli on the pointing out of the appellant is a false and concocted story. It is also submitted that the essential ingredients to constitute the offence under the SC/ST Act were completely missing in this case but in an arbitrary manner, the appellant was also booked for the offence under the SC/ST Act by the Investigating Officer of the case. It is also submitted that Suresh, who informed the informant about the incident on phone, is also not an eyewitness of the incident. It is also submitted that the Investigating Officer of the case has not submitted any CDR Report which is made the basis of the prosecution story. It is also submitted that the appellant is languishing in jail since 28.1.2024 having no criminal antecedents to his credit and now he is entitled to be released on bail. 6. Per contra, learned A.G.A. as well as learned counsel for the respondent no.2 vehemently opposed the prayer and it has been submitted that since the marriage between the appellant and Suman was not settled due to the family members of the informant, the crime was committed by the appellant. It is also submitted that certain incriminating articles used in the commission of the crime of murder have been recovered on the pointing out of the appellant and the said recovery is a legal recovery. It is also submitted that the charge-sheet in this matter has been submitted and cognizance has already been taken by the Magistrate on the basis of sufficient materials collected against the appellant during the course of investigating. According to the CDR of the appellant, his location is found near the place of occurrence and this fact has been mentioned in Parcha No.2 of Case Diary dated 27.1.2024. It is also submitted that FSL Report supports the prosecution version. Although the prosecution case rests upon circumstantial evidence but in the instant matter all the chains of evidence and circumstances are complete. It is also submitted that the deceased persons belonged to weaker section of the Society and ample evidence was collected by the I.O. against the present accused appellant as well and his active participation in the commission of the crime has been come into light on the basis of the evidence collected during investigation. The appellant is not entitled for any relaxation and his bail application is liable to be rejected and the appeal is liable to be dismissed. 7. 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. 8. Keeping in view the seriousness of the offence, the Court is of the view that no case is made out to release the appellant on bail. The Court concerned passed a reasoned order while rejecting the bail application of the appellant. The impugned order does not suffer from any illegality or infirmity and the same is liable to be affirmed and the appeal is liable to be dismissed. 9. Accordingly, the impugned order rejecting the bail application of the appellant is affirmed and the present criminal appeal is dismissed. Order Date :- 3.1.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad