Ram Jagat vs Others

1. Heard learned counsel for the parties and perused the record.

2. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the order dated 26.09.2024 passed by Special Judge, SC/ST (PA) Act, Sultanpur in Bail Application No.2427 of 2024, arising out of Case Crime No.38 of 2024, under Sections- 147, 148, 452, 323, 504, 506, 427, 302 IPC and Section 3(2)(5) of the SC/ST Act, Police Station- Akhand Nagar, District- Sultanpur.

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 persons namely Dayaram, Dharmraj & Danbahadur, Ajay Kumar, Sundar Lal, Ashok Kumar and Jagdish, similarly situated, have already been enlarged on bail by this Court in terms of orders dated 08.10.2025, 27.10.2025, 29.10.2025, 29.10.2025, 29.10.2025 and 18.11.2025 passed in CRIMINAL Misc. Bail Application Nos. 5072 of 2025, 10775 of 2024, 10589 of 2024, 8147 of 2024, 8898 of 2024 and 11119 of 2025, respectively. The copies of bail orders placed before this Court are taken on record. The order dated 18.11.2025 passed in the case of co-accused/Jagdish is extracted here-in-under:- "1. Heard learned counsel for the applicant as well as learned AGA for the State. Whereas, no one has put in appearance on behalf of the informant despite notice.

2. The accused-applicant seeks bail in FIR/Case Crime No.38 of 2024 under Sections 147, 148, 452, 323, 504, 506, 427, 302 IPC and Section 4/25 of Arms Act, P.S.- Akhandnagar, District- Sultanpur.

3. Learned counsel for the applicant submits that the similarly situated co-accused, 2 CRLA No. 3407 of 2024 namely, Sundar Lal has already been enlarged on bail by this Court vide order dated

29.10.2025 passed in Criminal Misc. Bail Application No.8147 of 2024. Therefore, applicant is also entitled to be released on bail.

4. Learned AGA has opposed the bail application.

5. Considering and adopting the reasoning as contained in the order dated 29.10.2025 coupled with the fact that the applicant is in custody since 27.02.2024 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail on the ground of parity. In view thereof, the application is allowed.

6. Let the applicant- Jagdish be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant 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."

5. In these circumstances, the appellant, who is in jail since 21.08.2024, is also entitled for bail and the impugned order is liable to be set aside and the appeal is liable to be allowed.

6. Learned A.G.A. and also learned counsel for the private opposite party vehemently opposed the prayer of the appellant, however, they could not dispute the fact that the co-accused persons, named above, have already been enlarged on bail by this Court.

7. 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 persons, named above, have already been enlarged on bail by this Court as well as other relevant documents including the statement(s) recorded by the Investigating Officer during investigation.

8. 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.

9. The order dated 26.09.2024 passed by Special Judge, SC/ST (PA) Act, Sultanpur in Bail Application No.2427 of 2024, arising out of Case Crime 3 CRLA No. 3407 of 2024 No.38 of 2024, under Sections- 147, 148, 452, 323, 504, 506, 427, 302 IPC and Section 3(2)(5) of the SC/ST Act, Police Station- Akhand Nagar, District- Sultanpur, is hereby set aside.

10. Let the appellant- Ram Jagat be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties (one of family member) 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.

11. 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. November 26, 2025 Arun/- (Saurabh Lavania,J.) ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the parties and perused the record.

2. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the order dated 26.09.2024 passed by Special Judge, SC/ST (PA) Act, Sultanpur in Bail Application No.2427 of 2024, arising out of Case Crime No.38 of 2024, under Sections- 147, 148, 452, 323, 504, 506, 427, 302 IPC and Section 3(2)(5) of the SC/ST Act, Police Station- Akhand Nagar, District- Sultanpur.

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 persons namely Dayaram, Dharmraj & Danbahadur, Ajay Kumar, Sundar Lal, Ashok Kumar and Jagdish, similarly situated, have already been enlarged on bail by this Court in terms of orders dated 08.10.2025, 27.10.2025, 29.10.2025, 29.10.2025, 29.10.2025 and 18.11.2025 passed in CRIMINAL Misc. Bail Application Nos. 5072 of 2025, 10775 of 2024, 10589 of 2024, 8147 of 2024, 8898 of 2024 and 11119 of 2025, respectively. The copies of bail orders placed before this Court are taken on record. The order dated 18.11.2025 passed in the case of co-accused/Jagdish is extracted here-in-under:- "1. Heard learned counsel for the applicant as well as learned AGA for the State. Whereas, no one has put in appearance on behalf of the informant despite notice.

2. The accused-applicant seeks bail in FIR/Case Crime No.38 of 2024 under Sections 147, 148, 452, 323, 504, 506, 427, 302 IPC and Section 4/25 of Arms Act, P.S.- Akhandnagar, District- Sultanpur.

3. Learned counsel for the applicant submits that the similarly situated co-accused, 2 CRLA No. 3407 of 2024 namely, Sundar Lal has already been enlarged on bail by this Court vide order dated

29.10.2025 passed in Criminal Misc. Bail Application No.8147 of 2024. Therefore, applicant is also entitled to be released on bail.

4. Learned AGA has opposed the bail application.

5. Considering and adopting the reasoning as contained in the order dated 29.10.2025 coupled with the fact that the applicant is in custody since 27.02.2024 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail on the ground of parity. In view thereof, the application is allowed.

6. Let the applicant- Jagdish be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant 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."

5. In these circumstances, the appellant, who is in jail since 21.08.2024, is also entitled for bail and the impugned order is liable to be set aside and the appeal is liable to be allowed.

6. Learned A.G.A. and also learned counsel for the private opposite party vehemently opposed the prayer of the appellant, however, they could not dispute the fact that the co-accused persons, named above, have already been enlarged on bail by this Court.

7. 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 persons, named above, have already been enlarged on bail by this Court as well as other relevant documents including the statement(s) recorded by the Investigating Officer during investigation.

8. 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.

9. The order dated 26.09.2024 passed by Special Judge, SC/ST (PA) Act, Sultanpur in Bail Application No.2427 of 2024, arising out of Case Crime 3 CRLA No. 3407 of 2024 No.38 of 2024, under Sections- 147, 148, 452, 323, 504, 506, 427, 302 IPC and Section 3(2)(5) of the SC/ST Act, Police Station- Akhand Nagar, District- Sultanpur, is hereby set aside.

10. Let the appellant- Ram Jagat be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties (one of family member) 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.

11. 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. November 26, 2025 Arun/- (Saurabh Lavania,J.) ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench