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2025 DAILYLAW 85657 (ALL)

SONU PRAJAPATI v. STATE OF U.P. AND ANOTHER

CRLA/7297/2025 · 2025-10-06

Sandeep Chaudhary Joint Registrar Judicial

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7297 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant and learned AGA for the State. 2. Office report dated 3.9.2025, indicates that service report is still awaited. 3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant - Sonu Prajapati with the prayer to allow the appeal, set aside the bail rejection order dated 24.6.2025 passed by Special Judge, SC/ST Act, Kaushambi in Case Crime No. 345 of 2024 under section 498A, 304-B I.P.C., section 3/4 D.P.Act, and section 3(2)(5) SC/ST Act, Police Station- Manjhanpur, District- Kaushambi. 4. Learned counsel for the appellant has submitted that the appellant is the husband of the deceased. Cause of her death was determined to be natural, but her father had made false allegation that her death occurred after she was forced by the appellant to consume poison. The postmortem of the deceased was conducted. Cause of her death could not be ascertained, her viscera were preserved. The viscera report is very much clear that no poison was found. It was submitted by the appellant that he has been falsely implicated by the father of the victim in this case, despite the fact that the victim had met with natural death, therefore, the appellant is also entitled to bail. 5. Learned A.G.A. has vehemently opposed the prayer. 6. I have considered the rival submissions so made and have gone through the entire record. 7. Having regard to the facts and circumstances of the case and keeping in Versus Counsel for Appellant(s) : Pramod Kumar Srivastava Counsel for Respondent(s) : G.A. Sonu Prajapati .....Appellant(s) State of U.P. and Another .....Respondent(s) view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. Let the appellant Sonu Prajapati involved in in Case Crime No. 345 of 2024 under section 498A, 304-B I.P.C., section 3/4 D.P.Act, and section 3(2)(5) SC/ST Act, Police Station- Manjhanpur, District- Kaushambi, 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. 10. In case of breach of any of the above conditions, the court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 7, 2025 Ujjawal CRLA No. 7297 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad