Neutral Citation No. - 2025:AHC:4215 Court No. - 5 Case :- CRIMINAL APPEAL No. - 10213 of 2024 Appellant :- Gaffar Ali Respondent :- State of U.P. and Another Counsel for Appellant :- Gaurav Kumar Singh Counsel for Respondent :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. Shri Paritosh Kumar Malviya, learned AGA-I on the basis of instructions submits that the notices upon the respondents have been served in light of the judgment rendered by this Court in Ajeet Chaudhary vs. State of U.P. & Another reported at 2021 (1) ADJ 559. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 24.09.2024 passed by the learned Special Judge SC/ST Act, Kushinagar in Case Crime No.176 of 2024 under Section 3(2)(V) of the SC/ST Act, P.S.-Tarya Sujan, District-Kushi Nagar. The applicant-appellant is in jail since 05.06.2024. The second bail application of the applicant was rejected by the learned trial court on 24.09.2024. The following arguments made by Shri Neetu Pal, learned counsel holding brief of Shri Gaurav Kumar Singh, learned counsel on behalf of the appellant/applicant, which could not be satisfactorily refuted by learned Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicants for grant of bail: 1. The appellant/applicant has been enlarged on bail by order dated 31.08.2024 in the same offence under Section 3(2)(V) of the SC/ST Act by this Court in Criminal Misc. Bail Application No.28956 of 2024 (Gaffar Ali vs. State of U.P). 2. This is a criminal appeal in added section i.e. 3(2)(V) of the SC/ST Act. The appellant/applicant is entitled to be enlarged on bail for the reasons narrated in the order dated 31.08.2024 passed by this Court in Criminal Misc. Bail Application No.28956 of 2024 (Gaffar Ali vs. State of U.P). The learned trial court erred in rejecting the bail application. The impugned order dated 31.08.2024 suffers from infirmity and illegality and the same is liable to be set aside and the criminal appeal is to be allowed. Accordingly, the criminal appeal is allowed and the impugned order rejecting the bail application of the appellant/applicant is set aside. Let the applicant-Gaffar Ali be released on bail in Case Crime No.176 of 2024 under Section 3(2)(V) of the SC/ST Act, P.S.-Tarya Sujan, District-Kushi Nagar under the same conditions. Order Date :- 8.1.2025/Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad