Vikas Verma v. State of U.P. And Another). Relevant portion of the order dated

2. By means of instant appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 the appellant has challenged the impugned order dated 03.05.2025 passed by Special Judge, SC/ST Act, Barabanki in Bail Application No.1236 of 2025, arising out of Case Crime No.0160 of 2025 under Sections 3(5), 351(3), 352, 115(2), 105 BNS 2023 and Section 3(2)(V) of SC/ST Act, P.S.-Fatehpur, District-Barabanki.

3. It is stated that if the case of prosecution is taken on its face value, then in that eventuality, it can be inferred that the appellant is innocent and has falsely been implicated in the present case.

4. Further stated that co-accused namely Vikas Verma, similarly situated, has already been enlarged on bail by this Court in terms of order dated 18.07.2025 passed in CRIMINAL APPEAL No. - 1945 of 2025 (Vikas Verma vs. State of U.P. And Another). Relevant portion of the order dated 18.07.2025 is extracted here-in-under:- "4. While pressing the present appeal, learned counsel for the appellant submitted that as per the case of prosecution, deceased Shiv Prakash (husband of complainant/opposite party No. 2) was assaulted on 01.03.2025 at about 10.00 P.M. at Dashrathpur Cold Storage by Milan, Vinesh Verma and other unknown persons alongwith the son of Shivam Verma owner of Cold Storage and also made casteist remarks. Due to injuries sustained, Shiv Prakash was admitted in C.H.C. (Community Health Centre), Fatehpur and thereafter was referred to Trauma Centre, Lucknow. He ultimately succumbed to injuries sustained.

5. It is further stated that based upon the written report given by the opposite party No. 2/Smt. Sony w/o deceased Shiv Prakash, the FIR of the incident i.e. FIR/Case Crime No. 0160/2025 was registered at Police Station- Fatehpur, District- Barabanki on 03.03.2025 at about 9.38 hours under Sections- 115(2), 352, 351(3), 3(5) B.N.S. and Sections- 3(1)(Da), 3(1)(Dha) and 3(2)(va) of SC/ST Act.

6. It is further stated that during investigation, the appellant surrendered and he was taken into custody and sent to jail and he is languishing in jail since 16.05.2025.

7. It is also stated that during investigation, the complainant/opposite party No. 2 submitted an application dated 12.05.2025 before the Superintendent of Police, Barabanki and also an affidavit dated 22.05.2025 before the court concerned, copies of which are annexed as Annexure Nos. SA-2&3 to the supplementary affidavit dated 14.07.2025, and a perusal of these documents would show that the appellant is innocent and he has not committed any crime.

8. Further submission is that in view of statement of complainant/opposite party No. 2, chances of conviction of appellant in the instant case are extremely bleak.

9. It is further submitted that appellant, having no criminal history, is languishing in jail since 16.05.2025. In these circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail."

5. It is further stated that a perusal of the charge sheet (Annexure No.CA-8) would show that there is no eye witness to support the story of the prosecution. Thus, it can be said that it is a case of circumstantial evidence having no link to connect the appellant with the crime.

6. As such, the appellant, who is in jail since 19.03.2025 is also entitled for bail and the impugned order is liable to be set aside and the appeal is liable to be allowed.

7. Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the fact that the co-accused namely Vikas Verma, similarly situated, has already been enlarged on bail by this Court.

8. Considered the arguments advanced by the learned counsel for the appellant- applicant, learned A.G.A., and gone through the contents of the appeal, impugned order, F.I.R. as also that co-accused namely Vikas Verma has already been released on bail by this Court as well as other relevant documents including the statement(s) recorded by the Investigating Officer during investigation.

9. Upon due consideration of above facts and circumstances as also keeping in view the fact that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed.

10. The order dated 03.05.2025 passed by Special Judge, SC/ST Act, Barabanki in Bail Application No.1236 of 2025, arising out of Case Crime No.0160 of 2025 under Sections 3(5), 351(3), 352, 115(2), 105 BNS 2023 and Section 3(2) (V) of SC/ST Act, P.S.-Fatehpur, District-Barabanki, is hereby set aside.

11. Let appellant-Vinesh Verma be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant will cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (iv) The appellant shall not commit an offence. (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. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

12. As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. Order Date :- 28.7.2025 Vinay/- VINAY KUMAR VINAY KUMAR VINAY KUMAR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench

2. By means of instant appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 the appellant has challenged the impugned order dated 03.05.2025 passed by Special Judge, SC/ST Act, Barabanki in Bail Application No.1236 of 2025, arising out of Case Crime No.0160 of 2025 under Sections 3(5), 351(3), 352, 115(2), 105 BNS 2023 and Section 3(2)(V) of SC/ST Act, P.S.-Fatehpur, District-Barabanki.

3. It is stated that if the case of prosecution is taken on its face value, then in that eventuality, it can be inferred that the appellant is innocent and has falsely been implicated in the present case.

4. Further stated that co-accused namely Vikas Verma, similarly situated, has already been enlarged on bail by this Court in terms of order dated 18.07.2025 passed in CRIMINAL APPEAL No. - 1945 of 2025 (Vikas Verma vs. State of U.P. And Another). Relevant portion of the order dated 18.07.2025 is extracted here-in-under:- "4. While pressing the present appeal, learned counsel for the appellant submitted that as per the case of prosecution, deceased Shiv Prakash (husband of complainant/opposite party No. 2) was assaulted on 01.03.2025 at about 10.00 P.M. at Dashrathpur Cold Storage by Milan, Vinesh Verma and other unknown persons alongwith the son of Shivam Verma owner of Cold Storage and also made casteist remarks. Due to injuries sustained, Shiv Prakash was admitted in C.H.C. (Community Health Centre), Fatehpur and thereafter was referred to Trauma Centre, Lucknow. He ultimately succumbed to injuries sustained.

5. It is further stated that based upon the written report given by the opposite party No. 2/Smt. Sony w/o deceased Shiv Prakash, the FIR of the incident i.e. FIR/Case Crime No. 0160/2025 was registered at Police Station- Fatehpur, District- Barabanki on 03.03.2025 at about 9.38 hours under Sections- 115(2), 352, 351(3), 3(5) B.N.S. and Sections- 3(1)(Da), 3(1)(Dha) and 3(2)(va) of SC/ST Act.

6. It is further stated that during investigation, the appellant surrendered and he was taken into custody and sent to jail and he is languishing in jail since 16.05.2025.

7. It is also stated that during investigation, the complainant/opposite party No. 2 submitted an application dated 12.05.2025 before the Superintendent of Police, Barabanki and also an affidavit dated 22.05.2025 before the court concerned, copies of which are annexed as Annexure Nos. SA-2&3 to the supplementary affidavit dated 14.07.2025, and a perusal of these documents would show that the appellant is innocent and he has not committed any crime.

8. Further submission is that in view of statement of complainant/opposite party No. 2, chances of conviction of appellant in the instant case are extremely bleak.

9. It is further submitted that appellant, having no criminal history, is languishing in jail since 16.05.2025. In these circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail."

5. It is further stated that a perusal of the charge sheet (Annexure No.CA-8) would show that there is no eye witness to support the story of the prosecution. Thus, it can be said that it is a case of circumstantial evidence having no link to connect the appellant with the crime.

6. As such, the appellant, who is in jail since 19.03.2025 is also entitled for bail and the impugned order is liable to be set aside and the appeal is liable to be allowed.

7. Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the fact that the co-accused namely Vikas Verma, similarly situated, has already been enlarged on bail by this Court.

8. Considered the arguments advanced by the learned counsel for the appellant- applicant, learned A.G.A., and gone through the contents of the appeal, impugned order, F.I.R. as also that co-accused namely Vikas Verma has already been released on bail by this Court as well as other relevant documents including the statement(s) recorded by the Investigating Officer during investigation.

9. Upon due consideration of above facts and circumstances as also keeping in view the fact that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed.

10. The order dated 03.05.2025 passed by Special Judge, SC/ST Act, Barabanki in Bail Application No.1236 of 2025, arising out of Case Crime No.0160 of 2025 under Sections 3(5), 351(3), 352, 115(2), 105 BNS 2023 and Section 3(2) (V) of SC/ST Act, P.S.-Fatehpur, District-Barabanki, is hereby set aside.

11. Let appellant-Vinesh Verma be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant will cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (iv) The appellant shall not commit an offence. (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. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

12. As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. Order Date :- 28.7.2025 Vinay/- VINAY KUMAR VINAY KUMAR VINAY KUMAR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench