Allahabad High Court
PRASOON SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VANI RANJAN AGRAWAL
Holding
The High Court held that the lower court’s order dismissing the bail application was illegal and set it aside, granting bail to the appellant.
Summary
The appellant, Prasoon Singh, was arrested for alleged assault with lathi and danda, though he was not named in the FIR, and has been in custody since December 3, 2025. He filed a bail application under Section 14-A(2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, which was dismissed by the Special Judge. The appellant appealed, arguing that the dismissal was illegal. The High Court examined the record and held that the lower court’s order denying bail was unlawful. Consequently, the appeal was allowed, the bail dismissal set aside, and the appellant was ordered to be released on bail subject to standard conditions. The court also directed that any breach of these conditions could lead to bail cancellation.
Issues considered
- Whether the dismissal of the bail application under Section 14-A(2) of the SC/ST Act was legally valid.
- Whether the appellant, not being named in the FIR, is entitled to bail pending trial.
Legislation cited
- Indian Penal Code — s. 110, 115(2), 117(2), 191(2), 351(2), 352, 74
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(2)(va)
Subjects
- bail
- SC/ST Act
- criminal appeal
- assault
- illegal dismissal
- court order
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 1730 of 2026
Prasoon Singh
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Dinesh Mishra, Prashant Kumar Tripathi
Counsel for Respondent(s) : G.A., Lakshman Singh, Maneesh Kumar
Court No. - 93
HON'BLE MRS. VANI RANJAN AGRAWAL, J.
1. Heard learned counsel for the appellant and learned Additional
Government Advocate for the State-respondent.
2. This criminal appeal under Section 14-A(2) Scheduled Castes &
Scheduled Tribes (Prevention of Atrocities) Act, has been filed against the
judgment and order dated 27.01.2026 passed by Special Judge (SC/ST Act),
Jalaun at Orai in Criminal Misc. Bail Application No.0002/2026 in Case
Crime No.696 of 2025, under Sections 191(2), 115(2), 352, 351(2), 110, 74,
117 (2) of B.N.S. and Section 3 (2) (va) of the S.C./S.T. Act, 1989, Police
Station - Kotwali Orai, District - Jalaun.
3. Learned counsel for the appellant submitted that the appellant was not
named in the first information report. It has further been submitted that the
allegation against the appellant is regarding assault with lathi and danda. He
further submits that the appellant is languishing in jail since 03.12.2025.
4. He further submitted that the bail application has illegally been dismissed
by the court concerned and therefore, impugned order dated 27.01.2026
passed by court concerned is illegal and the same is liable to be set aside and
appellant may be released on bail.
5. Per contra, learned AGA has opposed the said prayer.
6. I have heard learned counsel for the parties and perused the record of the
case.
7. Considering the facts and circumstances of the case, in my view,
impugned order dated 27.01.2026 passed by the court concerned by which
CRLA No. 1730 of 2026
2
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.
8. The instant appeal stands allowed, accordingly.
9. Let appellant- Prasoon Singh 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:
(i). The appellant will not tamper with the evidence during the trial.
(ii). The appellant will not pressurize/ intimidate the prosecution witness.
(iii). The appellant will appear before the trial court on the date fixed, unless
personal presence is exempted.
(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.
(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.
10. In case of breach of any of the above conditions, the prosecution shall be
at liberty to move bail cancellation application before this Court.
April 8, 2026
Pravesh Mishra
(Mrs. Vani Ranjan Agrawal,J.)
Digitally signed by :-
PRAVESH KUMAR MISHRA
High Court of Judicature at Allahabad
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