Neutral Citation No. - 2025:AHC:32681 Court No. - 82 Case :- CRIMINAL APPEAL No. - 11136 of 2024 Appellant :- Bhura @ Jitendra Respondent :- State of U.P. and Another Counsel for Appellant :- Deepak Kumar Yadav Counsel for Respondent :- G.A.,Marjeet Mishra Hon'ble Nalin Kumar Srivastava,J. 1. Supplementary affidavit filed on behalf of the appellant is taken on record. 2. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant Bhura @ Jitendra against the bail rejection order dated 15.10.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act, Bulandshahar in Bail Application No. 5916 of 2024. 3. Heard learned counsel for the appellant, learned AGA and perused the entire record. 4. On account of some money dispute the three named accused persons assaulted badly Vivek Kumar brother of the informant with sticks, knives and sickles with the intention to kill him. The injured Vivek Kumar sustained several injuries and he was taken to the hospital. F.I.R. was lodged on 15.11.2023 and the investigation started and now charge sheet has been submitted in respect of the present accused-appellant. 5. 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 has further submitted that the whole prosecution story is false and concocted there was no motive with the present appellant to inflict injuries on the injured Vivek Kumar. It was also submitted that the medical evidence does not corroborate the prosecution version. However, the main role in this matter has been assigned to accused Aman Kumar who has been granted bail by the coordinate Bench of this Court passed in Criminal Misc. Bail Application No. 9797 of 2024 vide order dated 13.03.2024 and on the same footing the present appellant is also entitled for relief by this Court. 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 27.09.2024. 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. 6. On the other hand, learned AGA vehemently opposed the bail application but however, could not dispute this factual aspect of the matter that the the principal offender Aman Kumar has been granted bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No. 9797 of 2024 vide order dated 13.03.2024. There is no infirmity or illegality in the impugned order dated 15.10.2024. 7. 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. 8. 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. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is, hereby, set-aside. 10. Let the appellant- Bhura @ Jitendra involved in Case Crime No. 1011 of 2023, under Sections 323, 307, 504, 506 of IPC under Sections 3(2)5 of SC/ST Act, Police Station Khurja Nagar, District Bulandshahar 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. 11. 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 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad