Neeraj Yadav vs State of U.P. and Another

This criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, has been filed against the 2nd bail rejection order dated 18.09.2024 passed by Special Judge (SC/ST Act), Deoria in Special Sessions Trial No.676/2023, arising out of Case Crime No.335 of 2023, under Sections 147, 148, 149, 302, 323, 504 I.P.C., and 3(2)(V) SC/ST Act, Police Station- Rampur Karkhana, District- Deoria.

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Learned counsel for the appellant submitted that the general role has been assigned to the applicant. It has further been submitted that the appellant has no criminal history to his credit. It has further been submitted that the co-ordinate Bench of this Court, after considering the entire facts and circumstances of the case, has released the coaccused namely Alias Pankaj on bail vide its order dated 16.09.2025 passed in Criminal Appeal No.10368/2024.

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He further submitted that no specific role has been assigned to the appellant but in spite of above facts their bail application has been dismissed by the court concerned and therefore, impugned order dated 18.09.2024 passed by court concerned is illegal and the same is liable to be set aside and appellant may be released on bail.

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Per contra, learned AGA has opposed the said prayer.

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He further could not dispute the fact that appellant is having no criminal history to his credit and in the present matter he is in jail since 15.09.2023.

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I have heard learned counsel for the parties and perused the record of the case.

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As per allegation no specific role has been assigned to the appellant and the coordinate Bench of this Court, after considering the entire facts and circumstances of

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CRLA No. 11565 of 2025

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2

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the case, has released the co-accused namely Alias Pankaj on bail vide its order dated 16.09.2025 passed in Criminal Appeal No.10368/2024 and as such, considering the facts and circumstances of the case, in my view, impugned order dated 18.09.2024 passed by the court concerned by which bail application of the appellant has been dismissed is illegal and therefore, the same is hereby set aside and without expressing any opinion on the merit of the case, appellant is directed to be released on bail in the instant matter.

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The instant appeal stands allowed , accordingly.

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Let appellant- Neeraj Yadav be released on bail in the aforesaid case, on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:

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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 prosecution shall be at liberty to move bail cancellation application before this Court.

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February 23, 2026 Pravesh Mishra

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(Mrs. Vani Ranjan Agrawal,J.)

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

Neeraj Yadav v. State of U.P. and Another

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Neeraj Yadav v. State of U.P. and Another

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