Neutral Citation No. - 2025:AHC:4172 Court No. - 5 Case :- CRIMINAL APPEAL No. - 10946 of 2024 Appellant :- Jaswant @ Khanna And 2 Others Respondent :- State Of U.P. & Another Counsel for Appellant :- Amit Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Ajay Bhanot,J. 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 appellants with the prayer to set aside the bail rejection order dated 07.10.2024 passed by the learned Special Judge SC/ST (P.A.) Act, Moradabad in Case Crime No.67 of 2024 under Sections 147, 148, 149, 307, 333, 341, 353, 504, 506 IPC and Section 3(1)da, 3(1)dha, 3(2)(V) of the SC/ST Act, P.S.- Kanth, District-Moradabad. The applicants-appellants are in jail since 28.03.2024. The bail application of the applicants was rejected by the learned trial court on 07.10.2024. The following arguments made by Shri Mohd. Samiuzzaman Khan, learned counsel assisted by Shri Amit Kumar Pandey, learned counsel on behalf of the applicants, 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 applicants have been falsely nominated pursuant to fake police encounter which was staged to burnish credentials of the police authorities. 2. Vague and general role has been assigned to the applicants in the assault. 3. Medical report of the injured police constable which was available at the time of hearing of the first bail has now been brought in the record by means of the supplementary affidavit. 4. The medical report of the said constable completely contradicts the prosecution version stated in the F.I.R. 9. The applicants do not have any criminal history apart from the instant case. In the light of the preceding discussion and facts and circumstances of the case and in view of the nature of the offence and evidence the appellants has made out a case for bail. The trial court erred in rejecting the bail application. The impugned order dated 07.10.2024 suffers from infirmity and illegality and the same is liable to be set aside and the appeal is to be allowed. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellants is set aside. Let the applicants-appellants- Jaswant @ Khanna, Deshraj and Jeevan be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicants-appellants will not tamper with the evidence or influence any witness during the trial. (ii) The applicants-appellants will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 8.1.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad