Neutral Citation No. - 2025:AHC:24456 Court No. - 82 Case :- CRIMINAL APPEAL No. - 9720 of 2024 Appellant :- Shivam Kumar Alias Raja Babu Respondent :- State of U.P. and Another Counsel for Appellant :- Azizur Rahman Khan,Zia Uddin Ahmad Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Shivam Kumar Alias Raja Babu with the prayer to set aside the bail rejection order dated 10.9.2024 passed by the Special Judge (SC/ST Act) / Additional Sessions Judge, Allahabad and to release the appellant on bail in case crime no. 76 of 2024 under Sections 147, 149, 504, 506, 419, 420, 467, 468, 471, 120-B IPC and Section 3(2)(V) of SC/ST Act, P.S. Sarai Mamrez, District Prayagraj. 2. Heard learned counsel for the appellant as well as the learned AGA and perused the entire record. 3. On the false pretext of providing some employment, the present appellant in criminal conspiracy with other co-accused persons grabbed a huge amount of money from the informant, who paid Rs. 2,70,000/- by electronic / cheque payment and cash amount of Rs. 2,30,000/- was also given by him to the present appellant. Subsequently, a forged joining letter was sent to him and when the informant felt that fraud has been committed to him, he asked for his money back but the accused persons hurled abuses with caste related remarks and no money was returned to him. F.I.R. was lodged and now charge sheet has been submitted. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He has not committed the present offence. Alleged offences are not attracted against him. It is further submitted that it was never within the knowledge of the appellant that the informant of this case belongs to SC/ST community. There is no independent witness of the alleged payment of money to the appellant by the informant. It is also submitted that the informant is a money lender and some money was borrowed by the appellant from him and in this connection some transactions were made in the bank account of the appellant and the mother of the informant herself. No offence, as alleged, has been committed by the present appellant. Appellant has no criminal history to his credit. It is also submitted that essential ingredients to constitute offence under SC/ST Act are completely missing in this case. The appellant is in jail since 19.7.2024. It is also submitted that the appellant is a student and preparing for competitive examination. It is further submitted that no date and time of the occurrence has been disclosed in the F.I.R. The Court concerned while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 5. On the other hand, learned AGA opposing the prayer for bail submitted that the appellant committed the present offence having knowledge that the victim belonged to scheduled caste community. There is no infirmity or illegality in the impugned order. 6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully. 7. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, the Court is of the opinion that the appellant has made out a case for bail. The Court concerned erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. Let the aforesaid appellant involved in the aforesaid case crime number 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. (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. Order Date :- 19.2.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad