Neutral Citation No. - 2025:AHC:125967 Court No. - 83 Case :- CRIMINAL APPEAL No. - 11036 of 2024 Appellant :- Rahul Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Narendra Nath Tripathi Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Notice was served on respondent no. 2, but none is present on his behalf. 2. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Rahul Yadav with the prayer to set aside the bail rejection order dated 7.10.2024 passed by the Special Judge (SC/ST Act), Deoria, in Sessions Trial No. 37 of 2024 and to release the appellant on bail in case crime no. 366 of 2023 under Sections 147, 307, 323, 504, 506 IPC and Section 3(2)(5) of SC/ST Act, P.S. Barhaj, District Deoria. 3. Heard learned counsel for the appellant as well as learned AGA and perused the entire record. 4. The prosecution story, as unfolded in the F.I.R., is that on 13.11.2023 at 7.30 p.m. the informant Raja Sonkar was bitterly assaulted by the named accused persons along with some other unknown persons. Accused Rahul also opened fire upon him which was missed. Thereafter he was assaulted with butt of the pistol and he sustained serious injuries. The other accused persons bitterly beaten him by using danda, sariya and iron rod. The injured sustained serious injuries. FIR was lodged and investigation started. 5. It is submitted by the learned counsel for the appellant that in fact it is a case of free fight and the present appeal is also having a cross-case. In the cross-case, injured Ayush Yadav from the accused side sustained serious injuries whereas both the injured in the present case have sustained simple injuries as opined by the Doctor and the injuries, which were kept under observation, were never sent for X-ray or C.T. Scan. It is also submitted that no specific role has been assigned to any of the accused persons in the instant case. It is next submitted that co-accused Vivekanand Yadav having similar role has been granted bail by the co-ordinate Bench in Criminal Appeal No. 3877 of 2024 vide order dated 29.8.2024. It is also submitted that the first appeal filed by the appellant was dismissed and the second bail application was moved before the trial court and by passing an illegal order, the said application was rejected and the appellant was bound to move second time to this Court by filing this appeal. It is also submitted that criminal history of the appellant has been sufficiently explained in the supplementary affidavit. It is also submitted that the appellant is languishing in jail since 14.11.2023. Learned trial court did not consider the factum of cross-case filed by the accused side and rejected the bail application in an arbitrary manner. It is also submitted that new additional ground to file this appeal is that now during trial, P.W-2 has been examined by the prosecution. He has resiled from his previous statement. It is further submitted that P.W-1, the informant corroborating the prosecution version has also turned hostile. 6. Per contra, learned A.G.A. has vehemently opposed the present appeal. It was submitted that two persons from the prosecution side have sustained serious injuries. They were assaulted by the appellant and his associates. 7. In the facts and circumstances of this case and in view of the fact that it is a cross-case wherein one person Ayush Yadav from the accused side has sustained serious injuries, the incarceration period of the appellant and other facts and circumstances relating to the matter, I am inclined to grant bail to the appellant by allowing the appeal. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. Let appellant-Rahul Yadav involved in 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 :- 29.7.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad