Neutral Citation No. - 2025:AHC:32225 Court No. - 82 Case :- CRIMINAL APPEAL No. - 10026 of 2024 Appellant :- Alamgir Respondent :- State of U.P. and Another Counsel for Appellant :- Ramesh Kumar Mishra,Salma Bano Counsel for Respondent :- G.A. with Case :- CRIMINAL APPEAL No. - 10236 of 2024 Appellant :- Javed Respondent :- State of U.P. and Another Counsel for Appellant :- Ramesh Kumar Mishra,Salma Bano Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the material available on record. None appears for the respondent no.2. 2. These criminal appeals under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellants - Alamgir and Javed with the prayer to set aside the bail rejection order dated 16.8.2024 and 4.9.2024 passed by the Special Judge (SC/ST Act), Chandauli. 3. On 14.7.2024 at about 21.30 pm the named accused Javed and Alamgir along with 6-7 unknown persons made an assault upon the informant and one Kumari Nidhi by using sharp edged weapon without any motive or reason. FIR was lodged. 4. It is submitted by the learned counsel for the appellants that the appellants are innocent and have been falsely implicated in this case. They have not committed the present offence. Alleged offences are not attracted against them. Essential ingredients to establish an offence under SC/ST Act are also missing in this case. It is further submitted that the FIR of this case has been lodged very belatedly without any plausible explanation. It is also submitted that no specific role has been assigned to the present appellants nor it has been clarified as to which weapon was used by the appellants. It is further submitted that the medical report does not corroborate the prosecution version. It is further submitted that both the injured have sustained simple injuries and in the x-ray report in respect of injured Amar Paswan no adversity has been discovered by the doctor, however no x-ray report pertaining to other injured Nidhi Kumari is available on record. 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. Appellants are in jail since 16.7.2024 having no criminal antecedents. It is lastly submitted that the impugned order rejecting the bail application of the appellants 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 appellants 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 16.8.2024. It is further submitted that in his subsequent statement injured Amar Paswan has assigned role of inflicting injuries by way of knife to the present appellants Javed and Alamgir but however he could not dispute this fact that the statement of injured does not on corroboration by the statement of any other witness. 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 appellants have 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 appellants is, hereby, set-aside. 9. Let the appellants -Alamgir and Javed involved in Case Crime No. 140 of 2024 under Sections 109, 118 (2), 191 (2) 191 (3), 352 B.N.S. & Section 3(2)(V) SC/ST Act, Police Station- Alinagar, District- Chandauli 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 appellants will not tamper with the evidence during the trial. (ii) The appellants will not pressurize/ intimidate the prosecution witness. (iii) The appellants will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. (v) The appellants 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 them 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 :- 6.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad