High Court · 2025

3. In view of the above, notice is deemed to be sufficient.

4. Heard Shri Shailendra Kumar, learned counsel for the appellants, learned A.G.A. for the State and perused the material available on record.

5. The present appeals have been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 (in short 'SC/ST Act') against the impugned order dated 16.07.2024 passed by Special Judge, SC/ST Act, Bahraich in Bail Application No.1404/12A/2024, arising out of Crime No.277 of 2024, under Sections 147, 308, 323, 452, 336, 504, 506 I.P.C. and Section 3(1) (d, dha), 3(2)(VA) of SC/ST Act, P.S. Kotwali Dehat, District Bahraich.

6. Pressing the present appeal and impeaching the order, under appeal, dated 16.07.2024, whereby the Special Judge, SC/ST Act, Bahraich rejected the bail application, registered as Bail Application No.1404/12A/2024, preferred by six applicants, namely, Rampal Yadav, Hanoman Yadav sons of Bahadur @ Mahadev (appellants herein), Buddhram @ Buddhi and Sukhram @ Millu, Vijay sons of Rampal and Manoj son of Hanoman, it is stated that on a conjoint reading of the FIR/Crime No.277 of 2024 dated 02.06.2024, registered under Sections 147, 308, 323, 452, 336, 504, 506 I.P.C. and Section 3(1)(d, dha), 3(2)(VA) of SC/ST Act and the injury sustained by Shubham Singh, Nanbabu, Rakesh Singh and Om Prakash Singh, it is apparent that some altercation took place and in the said altercation the injuries were sustained by the persons named in the FIR.

7. It is further stated that from a bare perusal of the FIR and the statement of the injured witnesses would indicate that general role has been assigned to all the accused except Malti and Shanti which relates to causing injuries with lathi and danda. In regard to Malti and Shanti, the case set up in the FIR is to the effect that they thrown the stones on Baburam and others and on account of the same, Baburam and others sustained injuries.

8. It is stated that in view of the case set up in the FIR and the injuries sustained, it is not clear that who caused the fatal and serious injuries to injured Shubham Singh and Baburam, whose actual name as per injury report is Nanbabu.

9. It is stated that taking benefit of the injury sustained, the informant implicated all the main family members of accused/appellant Rampal Yadav and accused/appellant Hanoman Yadav, who are real brothers.

10. It is also stated that criminal history of four cases against the appellants is explained in para 20 of the first bail application and in all four cases the appellants have been enlarged on bail, copy of bail orders is annexed collectively as Annexure No.9. The appellants are in jail since 04.06.2024.

11. He further submitted that co-accused, namely, Vijay, Budhram @ Buddhi, Sukhram @ Neelu and Manoj, having identical role, have already been released by this Court vide order dated

07.11.2024 passed in Criminal Appeal No(s).2828 of 2024 and 2515 of 2024. Therefore, he prays that the appellants may be released on bail.

12. Learned counsel for informant/opposite party nos.2 and 3 as also learned A.G.A. vehemently opposed the prayer of the appellants, however, they could not dispute the above contentions made by the appellants' counsel.

13. Considered the arguments advanced by the learned counsel for the appellants as well as learned counsel for the informant/opposite party nos.2 and 3 as also learned A.G.A., and gone through the contents of the appeals, impugned order, F.I.R. as well as injury report(s) of injured persons.

14. Upon due consideration of above facts and circumstances particularly the allegations against the appellants in FIR and injury report of the injured as also the period of incarceration and 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 appeals have substance and the same are, accordingly, allowed.

15. Order dated 16.07.2024 passed by Special Judge, SC/ST Act, Bahraich in Bail Application No.1404/12A/2024, arising out of Crime No.277 of 2024, under Sections 147, 308, 323, 452, 336, 504, 506 I.P.C. and Section 3(1)(d, dha), 3(2)(VA) of SC/ST Act, P.S. Kotwali Dehat, District Bahraich is set aside qua the appellants.

16. Let appellants Rampal Yadav and Hamoman Yadav, be released on bail in the aforesaid case crime number on their 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 appellants will cooperate with the prosecution during trial. (ii) The appellants will not tamper with the evidence during trial. (iii) The appellants will not pressurize/intimidate the prosecution witness(es). (iv) The appellants shall not commit an offence. (v) The appellants 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 the evidence. (vi) The appellants shall remain present before the trial court on each date fixed, either personally or through their counsel. (vii) The appellants will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellants shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

17. 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.

18. As this order relates to enlargement of the appellants 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 :- 17.1.2025 Anand/- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

3. In view of the above, notice is deemed to be sufficient.

4. Heard Shri Shailendra Kumar, learned counsel for the appellants, learned A.G.A. for the State and perused the material available on record.

5. The present appeals have been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 (in short 'SC/ST Act') against the impugned order dated 16.07.2024 passed by Special Judge, SC/ST Act, Bahraich in Bail Application No.1404/12A/2024, arising out of Crime No.277 of 2024, under Sections 147, 308, 323, 452, 336, 504, 506 I.P.C. and Section 3(1) (d, dha), 3(2)(VA) of SC/ST Act, P.S. Kotwali Dehat, District Bahraich.

6. Pressing the present appeal and impeaching the order, under appeal, dated 16.07.2024, whereby the Special Judge, SC/ST Act, Bahraich rejected the bail application, registered as Bail Application No.1404/12A/2024, preferred by six applicants, namely, Rampal Yadav, Hanoman Yadav sons of Bahadur @ Mahadev (appellants herein), Buddhram @ Buddhi and Sukhram @ Millu, Vijay sons of Rampal and Manoj son of Hanoman, it is stated that on a conjoint reading of the FIR/Crime No.277 of 2024 dated 02.06.2024, registered under Sections 147, 308, 323, 452, 336, 504, 506 I.P.C. and Section 3(1)(d, dha), 3(2)(VA) of SC/ST Act and the injury sustained by Shubham Singh, Nanbabu, Rakesh Singh and Om Prakash Singh, it is apparent that some altercation took place and in the said altercation the injuries were sustained by the persons named in the FIR.

7. It is further stated that from a bare perusal of the FIR and the statement of the injured witnesses would indicate that general role has been assigned to all the accused except Malti and Shanti which relates to causing injuries with lathi and danda. In regard to Malti and Shanti, the case set up in the FIR is to the effect that they thrown the stones on Baburam and others and on account of the same, Baburam and others sustained injuries.

8. It is stated that in view of the case set up in the FIR and the injuries sustained, it is not clear that who caused the fatal and serious injuries to injured Shubham Singh and Baburam, whose actual name as per injury report is Nanbabu.

9. It is stated that taking benefit of the injury sustained, the informant implicated all the main family members of accused/appellant Rampal Yadav and accused/appellant Hanoman Yadav, who are real brothers.

10. It is also stated that criminal history of four cases against the appellants is explained in para 20 of the first bail application and in all four cases the appellants have been enlarged on bail, copy of bail orders is annexed collectively as Annexure No.9. The appellants are in jail since 04.06.2024.

11. He further submitted that co-accused, namely, Vijay, Budhram @ Buddhi, Sukhram @ Neelu and Manoj, having identical role, have already been released by this Court vide order dated

07.11.2024 passed in Criminal Appeal No(s).2828 of 2024 and 2515 of 2024. Therefore, he prays that the appellants may be released on bail.

12. Learned counsel for informant/opposite party nos.2 and 3 as also learned A.G.A. vehemently opposed the prayer of the appellants, however, they could not dispute the above contentions made by the appellants' counsel.

13. Considered the arguments advanced by the learned counsel for the appellants as well as learned counsel for the informant/opposite party nos.2 and 3 as also learned A.G.A., and gone through the contents of the appeals, impugned order, F.I.R. as well as injury report(s) of injured persons.

14. Upon due consideration of above facts and circumstances particularly the allegations against the appellants in FIR and injury report of the injured as also the period of incarceration and 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 appeals have substance and the same are, accordingly, allowed.

15. Order dated 16.07.2024 passed by Special Judge, SC/ST Act, Bahraich in Bail Application No.1404/12A/2024, arising out of Crime No.277 of 2024, under Sections 147, 308, 323, 452, 336, 504, 506 I.P.C. and Section 3(1)(d, dha), 3(2)(VA) of SC/ST Act, P.S. Kotwali Dehat, District Bahraich is set aside qua the appellants.

16. Let appellants Rampal Yadav and Hamoman Yadav, be released on bail in the aforesaid case crime number on their 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 appellants will cooperate with the prosecution during trial. (ii) The appellants will not tamper with the evidence during trial. (iii) The appellants will not pressurize/intimidate the prosecution witness(es). (iv) The appellants shall not commit an offence. (v) The appellants 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 the evidence. (vi) The appellants shall remain present before the trial court on each date fixed, either personally or through their counsel. (vii) The appellants will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellants shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

17. 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.

18. As this order relates to enlargement of the appellants 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 :- 17.1.2025 Anand/- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench