The court emphasized the principle of parity in bail applications, allowing bail when co-accused with similar roles have been granted bail, highlighting the absence of evidence suggesting tampering.

JUDGMENT

Samit Gopal, J.

List revised.

2. Heard Sri. Satya Dheer Singh Jadaun, learned counsel for the appellant, Sri. Vikas Yadav, Advocate holding brief of Sri. Vishveshwar Mani Tripathi, learned counsel for the opposite party no.2 and Sri. Ajay Singh, learned A.G.A.-I for the State and perused the record.

3. This criminal appeal under Section 14A(2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed for setting-aside the bail rejection order 13.03.2024 passed by Special Judge (S.C./S.T.) Act, Deoria in Case Crime No. 03 of 2023, under Sections 302, 147, 323, 427, 504, 506 I.P.C. and 3 (2) 5 of S.C./S.T. Act, Police Station Madanpur, District Deoria.

4. The prosecution story, as unfolded in the F.I.R., is that on 13.1.2023 at about 3.30 p.m. the motorcycle of Ketak, son of the informant, hit Ugrasen Yadav but the matter was pacified, however, after sometime the named accused persons carrying lathi, danda with them and abusing the informant by his caste name, as he belongs to SC/ST community, started beating Ketan Prasad and Lalita Devi, wife of the informant, with intention to kill and the motorcycle was also damaged. The injured were taken to the hospital and the son of the informant sustained serious injuries. F.I.R. was lodged on 15.1.2023 against six named accused persons including the present appellant under Sections 147, 323, 427, 504, 506, 307 IPC and 3(2)(v) SC/ST Act, however, subsequently the injured died and the matter was converted under Section 302 IPC.

5. Learned counsel for the appellant submitted that general & omnibus allegations have been levelled against the accused persons. It is submitted that co-accused Ramhans Yadav, Gujesar Yadav and Rampravesh have been granted bail by a coordinate Bench of this Court vide orders dated 25.05.2023, 08.12.2023 and 07.03.2024, passed in Criminal Appeal Nos. 3874 of 2023, 10978 of 2023 and 681 of 2024, the copy of the said orders is annexed as Annexure-12 to the affidavit. It is further submitted that co-accused Shreeram Yadav has also been granted bail by another Bench of this Court vide order dated 24.05.2024 passed in Criminal Appeal No. 3669 of 2024 (Shreeram Yadav v. State of U.P. and another), the copy of the said order has been produced before the Court which is taken on record. It is submitted that the present case is a case of parity. The appellant has no criminal history as stated in para 30 of the appeal and he is in jail since 17.01.2024.

6. Per contra, learned counsel for the opposite party no.2 and learned counsel for the State opposed the prayer for setting aside the impugned order but could not dispute the fact that identically placed co-accused have been granted bail by coordinate Benches of this Court.

7. Perused the records and the orders of the co-accused. The order of co-accused Shreeram Yadav dated 24.05.2024 reads as under:-

"1. This criminal appeal under Section 14A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 13.3.2024 passed by the Special Judge (SC/ST Act), Deoria.

2. Heard learned counsel for the appellant, learned counsel for the informant as well as the learned AGA and perused the entire record.

3. The prosecution story, as unfolded in the F.I.R., is that on 13.1.2023 at about 3.30 p.m. the motorcycle of Ketak, son of the informant, hit Ugrasen Yadav but the matter was pacified, however, after sometime the named accused persons carrying lathi danda with them and abusing the informant by his caste name, as he belongs to SC/ST community, started beating Ketan Prasad and Lalita Devi, wife of the informant, with intention to kill and the motorcycle was also damaged. The injured were taken to the hospital and the son of the informant sustained serious injuries. F.I.R. was lodged on 15.1.2023 against six named accused persons including the present appellant und