Iqbal Khan v. State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another

2. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material brought on record.

3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 18.09.2025 passed by learned Special Judge (SC/ST Act), Ambedkar Nagar in Bail Application No.2129 of 2025 (Iqbal Khan Vs. State), arising out of F.I.R./Case Crime No.583 of 2025, under Sections 3(5), 318(2), 318(4), 352, 351(3) of B.N.S. and Section 3(1)(dh), 3(1)(dha), 3(2)(va) of SC/ST Act, Police Station- Kotwali Akbarpur, District- Ambedkar Nagar, whereby the bail application of the appellant has been rejected.

4. While pressing the instant application for bail, learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. He further submits that as per allegation of the FIR, there was some dispute with regard to money transaction between the appellant and maternal uncle of the victim and the FIR was lodged by the victim in collusion with her maternal uncle. There is no cogent piece of evidence against the appellant as also there are contradictions in the 2 CRLA No. 3345 of 2025 statements of the witnesses causing doubt on the truthfulness of the prosecution story. He further submits that criminal history of three cases shown against the appellant has been explained in para nos.17 to 19 of the affidavit filed in support of the bail application and in all three cases the appellant has been granted bail. He further submits that co-accused namely Ram Sagar Verma has already been enlarged on bail by this Court vide order dated 27.10.2025 passed in Criminal Appeal No.3015 of 2025. Copy of bail order of co-accused Ram Sagar Verma placed before this Court is taken on record. In these circumstances, the appellant, who is languishing in jail since

01.08.2025, is also entitled to be released on bail on the ground of parity and the impugned order is liable to be set aside and the appeal is liable to be allowed.

5. Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the above contentions made by the appellant's counsel including the fact that co-accused -Ram Sagar Verma has already been released on bail by this Court.

6. Upon due consideration of arguments advanced by the learned counsel for the appellant, learned A.G.A. for the State and going through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents and the facts and circumstances of the case including the role attributed to the appellant as also that co-accused has already been released on bail by this Court and keeping in view the fact that as per allegation of the FIR, there was some dispute with regard to money transaction between the applicant and maternal uncle of the victim and the FIR was lodged by the victim in collusion with her uncle as also there are contradictions in the statements of the witnesses causing doubt on the truthfulness of the prosecution story; criminal history of three cases has been explained; the appellant has undertaken that in case he is enlarged on bail, he shall not misuse the liberty of bail and will co-operate with the trial, this Court is of the view that the appeal has substance and it is accordingly, allowed.

7. Accordingly, order dated 18.09.2025 passed by learned Special Judge (SC/ST Act), Ambedkar Nagar in Bail Application No.2129 of 2025 (Iqbal Khan Vs. State), arising out of F.I.R./Case Crime No.583 of 2025, under Sections 3(5), 318(2), 318(4), 352, 351(3) of B.N.S. and Section 3(1)(dh), 3(1)(dha), 3(2)(va) of SC/ST Act, Police Station- Kotwali Akbarpur, District- Ambedkar Nagar, is hereby set aside. 3 CRLA No. 3345 of 2025

8. Let appellant- Iqbal Khan 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.

9. 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.

10. 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. December 4, 2025 Anand/- (Rajeev Bharti,J.) ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

2. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material brought on record.

3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 18.09.2025 passed by learned Special Judge (SC/ST Act), Ambedkar Nagar in Bail Application No.2129 of 2025 (Iqbal Khan Vs. State), arising out of F.I.R./Case Crime No.583 of 2025, under Sections 3(5), 318(2), 318(4), 352, 351(3) of B.N.S. and Section 3(1)(dh), 3(1)(dha), 3(2)(va) of SC/ST Act, Police Station- Kotwali Akbarpur, District- Ambedkar Nagar, whereby the bail application of the appellant has been rejected.

4. While pressing the instant application for bail, learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. He further submits that as per allegation of the FIR, there was some dispute with regard to money transaction between the appellant and maternal uncle of the victim and the FIR was lodged by the victim in collusion with her maternal uncle. There is no cogent piece of evidence against the appellant as also there are contradictions in the 2 CRLA No. 3345 of 2025 statements of the witnesses causing doubt on the truthfulness of the prosecution story. He further submits that criminal history of three cases shown against the appellant has been explained in para nos.17 to 19 of the affidavit filed in support of the bail application and in all three cases the appellant has been granted bail. He further submits that co-accused namely Ram Sagar Verma has already been enlarged on bail by this Court vide order dated 27.10.2025 passed in Criminal Appeal No.3015 of 2025. Copy of bail order of co-accused Ram Sagar Verma placed before this Court is taken on record. In these circumstances, the appellant, who is languishing in jail since

01.08.2025, is also entitled to be released on bail on the ground of parity and the impugned order is liable to be set aside and the appeal is liable to be allowed.

5. Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the above contentions made by the appellant's counsel including the fact that co-accused -Ram Sagar Verma has already been released on bail by this Court.

6. Upon due consideration of arguments advanced by the learned counsel for the appellant, learned A.G.A. for the State and going through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents and the facts and circumstances of the case including the role attributed to the appellant as also that co-accused has already been released on bail by this Court and keeping in view the fact that as per allegation of the FIR, there was some dispute with regard to money transaction between the applicant and maternal uncle of the victim and the FIR was lodged by the victim in collusion with her uncle as also there are contradictions in the statements of the witnesses causing doubt on the truthfulness of the prosecution story; criminal history of three cases has been explained; the appellant has undertaken that in case he is enlarged on bail, he shall not misuse the liberty of bail and will co-operate with the trial, this Court is of the view that the appeal has substance and it is accordingly, allowed.

7. Accordingly, order dated 18.09.2025 passed by learned Special Judge (SC/ST Act), Ambedkar Nagar in Bail Application No.2129 of 2025 (Iqbal Khan Vs. State), arising out of F.I.R./Case Crime No.583 of 2025, under Sections 3(5), 318(2), 318(4), 352, 351(3) of B.N.S. and Section 3(1)(dh), 3(1)(dha), 3(2)(va) of SC/ST Act, Police Station- Kotwali Akbarpur, District- Ambedkar Nagar, is hereby set aside. 3 CRLA No. 3345 of 2025

8. Let appellant- Iqbal Khan 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.

9. 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.

10. 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. December 4, 2025 Anand/- (Rajeev Bharti,J.) ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench