Neutral Citation No. - 2025:AHC:6063 Court No. - 82 Case :- CRIMINAL APPEAL No. - 10437 of 2024 Appellant :- Gaurav Respondent :- State of U.P. and Another Counsel for Appellant :- Diwanshu Tiwari,Vaibhav Srivastava Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record. 2. This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Gaurav with the prayer to set aside the bail rejection order dated 27.8.2024 passed by the Additional Sessions Judge / Special Judge (SC/ST Act), Kannauj in Bail Application No. 1333 of 2024. 3. The prosecution case, as culled out from the F.I.R., is that on 16.5.2019 at 3.30 p.m. while Lajjawati and Rajkumar, the parents of the informant/ injured alongwith informant were going to the field, the named accused persons prevented them on the way and hurled abuses and taking lathi of the father of the informant made assault upon them. They sustained serious injuries and were medically examined. F.I.R. was lodged and investigation started which culminated into charge sheet. 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. Essential ingredients to establish an offence under SC/ST Act are also missing in this case. It is also submitted that the prosecution case lacks evidence of any independent reliable witness. It is further submitted that though three persons are said to be sustained injuries but the injuries received by them are simple in nature and even in the x-ray no adversity has been discovered. It is further submitted that no specific role of assault has been assigned to the appellant. It is further submitted that identically placed co-accused Aman Shukla and Hariom have already been granted bail by this Court in Criminal Appeal No. - 7715 of 2024 by order dated 6.1.2025. The trial Court 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. Appellant is in jail since 25.6.2024. 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 dated 27.8.2024. 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, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. The trial Court erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is to be allowed. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is, hereby, set-aside. 9. Let the appellant - Gaurav involved in S.T. No. 97 of 2019, Case Crime No. 167 of 2019 under Sections 323, 325, 354 504, 506, IPC and Section 3(1) (da) of SC/ST Act, P.S. Tirwa, District Kannauj be released on bail on furnishing a personal bond and two heavy 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 :- 15.1.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad