Saral Kushwaha 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 with a prayer to allow the appeal, set aside the bail rejection order dated 12.08.2025 passed by the Special Judge (SC/ST Act), Kushinagar at Padrauna, and to release the appellant on bail in Case Crime No.541 of 2024, under section 103(1), 191(2), 191(3), 352 of B.N.S., Section 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Police Station- Nebua Naurangia, DistrictKushinagar.

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Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in this case. He has not committed any offence. It was contended that similarly placed co-accused persons, namely Vandana Devi has been granted bail by this Court on 17.6.2025 in Criminal Appeal No.1624 of 2025; Omkar has been granted bail by co-ordinate Bench of this Court vide order dated 10.10.2025 in Criminal Appeal No.7701 of 2025 ( Omkar Vs. State of U.P. and another); and co-accused Anshmati Devi and Narmada Devi have also

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CRLA No. 7671 of 2025

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been granted bail by this Bench vide order dated 29.10.2025 in Criminal Appeal No.5909 of 2025 ( Anshmati Devi and another Vs. State of U.P. and Another ), thus appellant is also entitled for bail on the ground of parity. It was submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court.

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On the other hand, learned AGA and the learned counsel appearing for the informant have opposed the prayer for bail but could not dispute the submission raised by learned counsel for the appellant.

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I have considered the rival submissions so made and perused the bail orders of the co-accused and find that the role assigned to the present appellant is almost similar to that of co-accused persons, who have already been granted bail by this Court.

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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, and role assigned to the present appellant, 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. Pending application, if any, shall stand disposed of.

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Let the appellant- Saral Kushwaha, involved in the aforesaid case 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

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CRLA No. 7671 of 2025

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3

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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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(Anil Kumar-X,J.)

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November 25, 2025 SK

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Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad

Saral Kushwaha v. State of U.P. and Another

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Saral Kushwaha v. State of U.P. and Another

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