Devendra Vs State of U.P. and Another

As per office report, notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal.

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This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant - Devendra with the prayer to allow the appeal, set aside the bail rejection order dated 13.12.2024 passed by learned Additional District & Sessions Judge/Sambhal at application Special Judge, Chandausi, 249 No. of (S.C./S.T. Act) in First Bail 2024, Computer Registration No. 2564 of 2024, Devendra Vs. State of U.P. arising out of case crime No. 598 of 2024, under sections 126(2), 109(1), 115 (2), 352, 351(3), 125, 3(5) B.N.S. and section 3 (2)5 S.C./ S.T. Act, Police Station Bahjoi, District Sambhal.

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It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. It has been alleged that the appellant, along with other co-accused person, assaulted the informant and his sister. However, the informant has not assigned any specific role to any of the assailants. One of the co-accused Bahadur has been granted bail by this Court vide order dated 11.9.2025, passed in Criminal Appeal No. 12815 of 2024 (Bahadur vs. State of U.P.) case of appellant is at par with coaccused.

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Learned A.G.A. has vehemently opposed the prayer.

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CRLA No. 4357 of 2025

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2

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I have considered the rival submissions so made and have gone through the entire record.

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Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

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Let the appellant Devendra involved in Case Crime No. 598 of 2024, under sections 126(2), 109(1), 115 (2), 352, 351(3), 125, 3(5) B.N.S. and section 3 (2)5 S.C./ S.T. Act, Police Station Bahjoi, District Sambhal, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The appellant will not tamper with the evidence during the trial.

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(ii) The appellant will not pressurize/ intimidate the prosecution witness.

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(iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(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.

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In case of breach of any of the above conditions, the court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted.

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October 10, 2025 Ujjawal

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(Anil Kumar-X,J.)

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Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad

Devendra v. State of U.P. and Another

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Devendra v. State of U.P. and Another

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