Allahabad High Court
PRADEEP KUMAR @ VIKKIversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- VANI RANJAN AGRAWAL
Holding
The bail dismissal was illegal; the appellant is entitled to be released on bail.
Summary
Pradeep Kumar (Vikki) appealed to the Allahabad High Court against the dismissal of his bail application by a Special Judge under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. The appellant argued that he was not named in the FIR and that the bail denial was illegal. The State opposed the bail. The High Court examined the record and held that the lower court’s order dismissing bail was illegal, setting it aside and directing the appellant’s release on bail subject to standard conditions. The appeal was allowed without commenting on the merits of the underlying criminal allegations.
Issues considered
- Whether the Special Judge erred in dismissing the bail application of the appellant under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act.
- Whether the appellant, who was not 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)
Subjects
- bail
- SC/ST Act
- criminal appeal
- illegal bail denial
- scheduled caste
- assault
- lathi
- danda
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 1806 of 2026
Pradeep Kumar @ Vikki
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Ajay Sengar
Counsel for Respondent(s) : G.A.
Court No. - 93
HON'BLE MRS. VANI RANJAN AGRAWAL, J.
1. Supplementary affidavit filed today on behalf of the appellant is taken on
record.
2. Heard learned counsel for the appellant and learned Additional
Government Advocate for the State-respondent.
3. 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.0696 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.
4. 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.
5. 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.
6. Per contra, learned AGA has opposed the said prayer.
7. I have heard learned counsel for the parties and perused the record of the
case.
CRLA No. 1806 of 2026
2
8. Considering the facts and circumstances of the case, in my view,
impugned order dated 27.01.2026 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.
9. The instant appeal stands allowed, accordingly.
10. Let appellant- Pradeep Kumar @ Vikki 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.
11. 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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