Parasnath vs State Of U.P. Thru. Prin. Secy. Deptt. Of Home

HON'BLE PRAMOD KUMAR SRIVASTAVA, J.

1. Heard learned counsel for the appellant as well as learned counsel for the opposite party No. 2 and learned A.G.A. for the State-opposite party No. 1 and perused the entire record.

2. The present criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 04.06.2025 passed by Special Judge (SC/ST Act)/Additional District and Sessions Judge, Court No.2, Unnao arising out of Case Crime No. 49/2025, under Sections 352 and 105 BNS and under Sections 3(2) 5 of SC/ST Act, Police Station Fatehpur Chaurasi, District Unnao, whereby the bail application of the appellant has been rejected.

3. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. The F.I.R. has been lodged after seven days of the alleged incident without explaining the delay. He further submits that that there is no eye witness account mentioned in the F.I.R. There is general allegation with regard to inflicting blows on the deceased by five accused persons. No specific role of the appellant has been attributed in the F.I.R.

4. Learned counsel for the appellant further submits that as per inquest report, the injuries sustained by the deceased was caused by the accident and as per autopsy two contused swelling were found on the body of the deceased. He further submits that after one month of the alleged incident, 2 CRLA No. 1899 of 2025 the statements of two child witnesses have been recorded, who have assigned the role of the appellant. He further submits that nothing incriminating article has been recovered on the instance of the appellant and the alleged recovery of one “danda” has been planted after one month of the alleged incident.

5. Learned counsel appellant further submits accused/appellant is languishing in jail since 02.03.2025, who has no previous criminal history, and in case the appellant is enlarged on bail, he shall not misuse the liberty of bail and he shall also fully cooperate with the trial. He has further submitted that there is no possibility of the appellant to intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.

6. For the aforesaid reasons, learned counsel for the appellants submits that the instant criminal appeal deserves to be allowed and the order dated

04.06.2025 passed by Special Judge (SC/ST Act)/Additional District and Sessions Judge, Court No.2, Unnao arising out of Case Crime No. 49/2025, under Sections 352 and 105 BNS and under Sections 3(2) 5 of SC/ST Act, Police Station Fatehpur Chaurasi, District Unnao deserves to be set aside and consequently, the appellant deserves to be enlarged on bail during pendency of the trial.

7. Per contra, learned counsel for the opposite party No.2 and learned A.G.A. have vehemently opposed the prayer by submitting that the appellant is the main culprit, who has inflicted blow on the body of the deceased. As per statement of Kailash specific role of the appellant has been assigned and one danda has been recovered on pointing of the appellant. He further submits that there is active participation of accused/appellant in the crime. Therefore, the accused/ appellant is not entitled to be enlarged on bail and the instant criminal appeal deserves to be dismissed. However, he has been unable to dispute the other factual submissions advanced by the learned counsel for the accused/appellant.

8. Upon consideration of the facts and circumstances of the case and material available on record, submissions of counsel for the appellant and learned A.G.A. and considering the facts and circumstance of the case and on the perusal of the material available on record, it transpires that the F.I.R. has been lodged after seven days; there is no name of the eye- 3 CRLA No. 1899 of 2025 witness is mentioned in the F.I.R.; as per inquest report, the injuries sustained by the deceased was caused by the accident; after one month of the alleged incident, the statements of two child witnesses have been recorded, who have assigned the role of the appellant; there is general allegation with regard to inflicting blows on the deceased by five accused persons, no specific role of the appellant has been attributed in the F.I.R. as well as the fact that the appellant is in jail since 02.03.2025 without having any criminal history and chances of conviction of the appellant in the instant case, without expressing any opinion on merit, this Court of the view that the learned court below has failed to appreciate the material available on record. The order passed by the court below is liable to be set aside.

9. Accordingly, the appeal is allowed. Consequently, the impugned order dated 04.06.2025 passed by Special Judge (SC/ST Act)/Additional District and Sessions Judge, Court No.2, Unnao arising out of Case Crime No. 49/2025, under Sections 352 and 105 BNS and under Sections 3(2) 5 of SC/ST Act, Police Station Fatehpur Chaurasi, District Unnao is hereby set aside.

10. Let the appellant-Parasnath be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions- (1) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during (iii) The appellant shall not pressurize/intimidate prosecution witness(s). (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 them from disclosing such facts to the court or to any police officer or tamper with 4 the evidence. CRLA No. 1899 of 2025 (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant shall 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.PC.

11. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law

12. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) 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(s) made in this order. October 29, 2025 Arvind (Pramod Kumar Srivastava,J.) ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

HON'BLE PRAMOD KUMAR SRIVASTAVA, J.

1. Heard learned counsel for the appellant as well as learned counsel for the opposite party No. 2 and learned A.G.A. for the State-opposite party No. 1 and perused the entire record.

2. The present criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 04.06.2025 passed by Special Judge (SC/ST Act)/Additional District and Sessions Judge, Court No.2, Unnao arising out of Case Crime No. 49/2025, under Sections 352 and 105 BNS and under Sections 3(2) 5 of SC/ST Act, Police Station Fatehpur Chaurasi, District Unnao, whereby the bail application of the appellant has been rejected.

3. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. The F.I.R. has been lodged after seven days of the alleged incident without explaining the delay. He further submits that that there is no eye witness account mentioned in the F.I.R. There is general allegation with regard to inflicting blows on the deceased by five accused persons. No specific role of the appellant has been attributed in the F.I.R.

4. Learned counsel for the appellant further submits that as per inquest report, the injuries sustained by the deceased was caused by the accident and as per autopsy two contused swelling were found on the body of the deceased. He further submits that after one month of the alleged incident, 2 CRLA No. 1899 of 2025 the statements of two child witnesses have been recorded, who have assigned the role of the appellant. He further submits that nothing incriminating article has been recovered on the instance of the appellant and the alleged recovery of one “danda” has been planted after one month of the alleged incident.

5. Learned counsel appellant further submits accused/appellant is languishing in jail since 02.03.2025, who has no previous criminal history, and in case the appellant is enlarged on bail, he shall not misuse the liberty of bail and he shall also fully cooperate with the trial. He has further submitted that there is no possibility of the appellant to intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.

6. For the aforesaid reasons, learned counsel for the appellants submits that the instant criminal appeal deserves to be allowed and the order dated

04.06.2025 passed by Special Judge (SC/ST Act)/Additional District and Sessions Judge, Court No.2, Unnao arising out of Case Crime No. 49/2025, under Sections 352 and 105 BNS and under Sections 3(2) 5 of SC/ST Act, Police Station Fatehpur Chaurasi, District Unnao deserves to be set aside and consequently, the appellant deserves to be enlarged on bail during pendency of the trial.

7. Per contra, learned counsel for the opposite party No.2 and learned A.G.A. have vehemently opposed the prayer by submitting that the appellant is the main culprit, who has inflicted blow on the body of the deceased. As per statement of Kailash specific role of the appellant has been assigned and one danda has been recovered on pointing of the appellant. He further submits that there is active participation of accused/appellant in the crime. Therefore, the accused/ appellant is not entitled to be enlarged on bail and the instant criminal appeal deserves to be dismissed. However, he has been unable to dispute the other factual submissions advanced by the learned counsel for the accused/appellant.

8. Upon consideration of the facts and circumstances of the case and material available on record, submissions of counsel for the appellant and learned A.G.A. and considering the facts and circumstance of the case and on the perusal of the material available on record, it transpires that the F.I.R. has been lodged after seven days; there is no name of the eye- 3 CRLA No. 1899 of 2025 witness is mentioned in the F.I.R.; as per inquest report, the injuries sustained by the deceased was caused by the accident; after one month of the alleged incident, the statements of two child witnesses have been recorded, who have assigned the role of the appellant; there is general allegation with regard to inflicting blows on the deceased by five accused persons, no specific role of the appellant has been attributed in the F.I.R. as well as the fact that the appellant is in jail since 02.03.2025 without having any criminal history and chances of conviction of the appellant in the instant case, without expressing any opinion on merit, this Court of the view that the learned court below has failed to appreciate the material available on record. The order passed by the court below is liable to be set aside.

9. Accordingly, the appeal is allowed. Consequently, the impugned order dated 04.06.2025 passed by Special Judge (SC/ST Act)/Additional District and Sessions Judge, Court No.2, Unnao arising out of Case Crime No. 49/2025, under Sections 352 and 105 BNS and under Sections 3(2) 5 of SC/ST Act, Police Station Fatehpur Chaurasi, District Unnao is hereby set aside.

10. Let the appellant-Parasnath be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions- (1) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during (iii) The appellant shall not pressurize/intimidate prosecution witness(s). (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 them from disclosing such facts to the court or to any police officer or tamper with 4 the evidence. CRLA No. 1899 of 2025 (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant shall 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.PC.

11. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law

12. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) 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(s) made in this order. October 29, 2025 Arvind (Pramod Kumar Srivastava,J.) ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench