Lallu vs Counsel for Appellant(s)

HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard, learned counsel for the applicant, learned A.G.A. for the State and perused the record available to this application. This Criminal Appeal has been preferred under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the order dated 23.05.2025 passed by the learned Special Judge (SC/ST Act), Sultanpur, whereby the bail application of the appellant/applicant was rejected in Case Crime No. 58 of 2025, Under Sections 103(1), 191(2), 115(2), 352, 351(3) B.N.S. and Section 3(2)(5) of the SC/ST Act, Police Station-Dostpur, District-Sultanpur. Learned counsel for the applicant submits that the applicant, Lallu, has been falsely implicated in the present case, which arose out of Case Crime No. 58 of 2025. He submits that although the F.I.R. names the applicant, the injuries sustained by 5 injured witnesses were found to be simple in nature. He further submits that while the prosecution story, particularly the subsequent statements, suggests the fatal head injury that caused the death of Sunara Devi is primarily attributed to the applicant, the incident occurred on the spur of the moment and without premeditation, making the offense one that may primarily fall under Section 105 B.N.S. The F.I.R. itself assigns a general role of assault to all accused. Learned counsel for the applicant further submits that the co-accused, namely Phool Chand, Krishna Kumar Nishad, and Ramashankar, have already been enlarged on bail by this Hon'ble Court vide orders dated 22.08.2025, 17.09.2025, and 09.10.2025 respectively. Given that the co-accused with general roles have been granted bail, the present applicant is entitled to be released on the principle of parity for the general allegations of assault. The applicant has been in jail since 15.03.2025, and has one criminal history i.e. Case Crime No. 71 of 2016, under Sections 323, 352, 504 IPC and 3(1)10 of SC/ST Act in which he is already on bail. The applicant undertakes to appear on each and every date before the Trial Court and will not misuse the liberty of 2 CRLA No. 2919 of 2025 bail or tamper with any evidence/witnesses. Per Contra learned A.G.A. for the State opposed the prayer for bail and argued that the applicant is the main accused to whom the specific fatal injury upon the head of the deceased is attributed, and therefore, the principle of parity may not apply. Upon consideration of the facts and circumstances of the case and the material available on record, and after hearing the submissions of learned counsel for the applicant and learned A.G.A., this Court notes that the co-accused, namely Phool Chand enlarged on bail vide order dated 22.08.2025, Krishna Kumar Nishad enlarged on bail vide order dated 17.09.2025, and Ramashankar enlarged on bail vide order dated 09.10.2025, have already been enlarged on bail by this Court in the present case. While the Court is mindful that the fatal head injury to the deceased, Sunara Devi, is primarily attributed to the applicant, Lallu, it also notes the applicant's submission that the entire incident occurred on the spur of the moment and without premeditation, suggesting the case may primarily fall under Section 105 B.N.S.f, a finding implicit in the co-accused's bail orders. The Court further notes that the other allegations against the applicant are of a general nature and not distinct from the role attributed to the co- accused already granted bail; therefore, without expressing any final opinion on the merits of the case, and considering the applicant's undertaking and the strong applicability of the principle of parity with the co-accused who have already been granted bail, this Court is of the view that the order passed by the court below rejecting the bail application is liable to be set aside. Accordingly, the appeal is allowed. Consequently, the impugned order dated

23.05.2025 passed by the court of learned Special Judge (SC/ST Act), Sultanpur, arising out of Case Crime No. 58 of 2025, under Sections 103(1), 191(2), 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita (BNS) and Section 3(2)(v) of the SC/ST Act, Police Station-Dostpur, District-Sultanpur, is hereby set aside. Let the appellant, Lallu, be released on bail in the aforesaid Case Crime No. 58 of 2025 under Sections 103(1), 191(2), 115(2), 352, 351(3) B.N.S. and Section 3(2)(5) of the S.C./S.T. Act, 1989, Police Station- Dostpur, District- Sultanpur, upon his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions: (1) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence. (v) The appellant shall not directly or indirectly make any inducement, threat or 3 CRLA No. 2919 of 2025 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 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. 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. 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 14, 2025 Haseen U. (Pramod Kumar Srivastava,J.) HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench

HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard, learned counsel for the applicant, learned A.G.A. for the State and perused the record available to this application. This Criminal Appeal has been preferred under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the order dated 23.05.2025 passed by the learned Special Judge (SC/ST Act), Sultanpur, whereby the bail application of the appellant/applicant was rejected in Case Crime No. 58 of 2025, Under Sections 103(1), 191(2), 115(2), 352, 351(3) B.N.S. and Section 3(2)(5) of the SC/ST Act, Police Station-Dostpur, District-Sultanpur. Learned counsel for the applicant submits that the applicant, Lallu, has been falsely implicated in the present case, which arose out of Case Crime No. 58 of 2025. He submits that although the F.I.R. names the applicant, the injuries sustained by 5 injured witnesses were found to be simple in nature. He further submits that while the prosecution story, particularly the subsequent statements, suggests the fatal head injury that caused the death of Sunara Devi is primarily attributed to the applicant, the incident occurred on the spur of the moment and without premeditation, making the offense one that may primarily fall under Section 105 B.N.S. The F.I.R. itself assigns a general role of assault to all accused. Learned counsel for the applicant further submits that the co-accused, namely Phool Chand, Krishna Kumar Nishad, and Ramashankar, have already been enlarged on bail by this Hon'ble Court vide orders dated 22.08.2025, 17.09.2025, and 09.10.2025 respectively. Given that the co-accused with general roles have been granted bail, the present applicant is entitled to be released on the principle of parity for the general allegations of assault. The applicant has been in jail since 15.03.2025, and has one criminal history i.e. Case Crime No. 71 of 2016, under Sections 323, 352, 504 IPC and 3(1)10 of SC/ST Act in which he is already on bail. The applicant undertakes to appear on each and every date before the Trial Court and will not misuse the liberty of 2 CRLA No. 2919 of 2025 bail or tamper with any evidence/witnesses. Per Contra learned A.G.A. for the State opposed the prayer for bail and argued that the applicant is the main accused to whom the specific fatal injury upon the head of the deceased is attributed, and therefore, the principle of parity may not apply. Upon consideration of the facts and circumstances of the case and the material available on record, and after hearing the submissions of learned counsel for the applicant and learned A.G.A., this Court notes that the co-accused, namely Phool Chand enlarged on bail vide order dated 22.08.2025, Krishna Kumar Nishad enlarged on bail vide order dated 17.09.2025, and Ramashankar enlarged on bail vide order dated 09.10.2025, have already been enlarged on bail by this Court in the present case. While the Court is mindful that the fatal head injury to the deceased, Sunara Devi, is primarily attributed to the applicant, Lallu, it also notes the applicant's submission that the entire incident occurred on the spur of the moment and without premeditation, suggesting the case may primarily fall under Section 105 B.N.S.f, a finding implicit in the co-accused's bail orders. The Court further notes that the other allegations against the applicant are of a general nature and not distinct from the role attributed to the co- accused already granted bail; therefore, without expressing any final opinion on the merits of the case, and considering the applicant's undertaking and the strong applicability of the principle of parity with the co-accused who have already been granted bail, this Court is of the view that the order passed by the court below rejecting the bail application is liable to be set aside. Accordingly, the appeal is allowed. Consequently, the impugned order dated

23.05.2025 passed by the court of learned Special Judge (SC/ST Act), Sultanpur, arising out of Case Crime No. 58 of 2025, under Sections 103(1), 191(2), 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita (BNS) and Section 3(2)(v) of the SC/ST Act, Police Station-Dostpur, District-Sultanpur, is hereby set aside. Let the appellant, Lallu, be released on bail in the aforesaid Case Crime No. 58 of 2025 under Sections 103(1), 191(2), 115(2), 352, 351(3) B.N.S. and Section 3(2)(5) of the S.C./S.T. Act, 1989, Police Station- Dostpur, District- Sultanpur, upon his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions: (1) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence. (v) The appellant shall not directly or indirectly make any inducement, threat or 3 CRLA No. 2919 of 2025 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 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. 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. 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 14, 2025 Haseen U. (Pramod Kumar Srivastava,J.) HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench