Neutral Citation No. - 2025:AHC:36553 Court No. - 82 Case :- CRIMINAL APPEAL No. - 11201 of 2024 Appellant :- Amit Fauji @ Amit Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Garun Pal Singh Counsel for Respondent :- G.A.,Pradhumn Kumar Pandey Hon'ble Nalin Kumar Srivastava,J. 1. Supplementary affidavit filed today on behalf of the appellant and counter affidavit on behalf of the opposite party no.2 are 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 - Amit Fauji @ Amit Singh with the prayer to set aside the bail rejection order dated 24.10.2024 passed by the Special Judge (SC/ST Act), Mathura and to release the appellant on bail in case crime no. 244 of 2024 under Sections 115(2), 103(1), 109, 352, 351(2), 351(3), 3(6) of BNS and 3(2)(V) of SC/ST Act, P.S. Sadar Bazar, District Mathura. 3. Heard learned counsel for the appellant, learned counsel for the opposite party no.2/ informant as well as the learned AGA and perused the entire record. 4. On 7.9.2024 at 9.30 p.m. Ajit, son of the informant, had gone to somewhere from his house but subsequently in the late night the informant got information that his son has sustained firearm injury and has been admitted in the hospital. He was informed by Anoop Jatav, Saurabh @ Samir that the named accused persons had made some assault upon his son and in the meanwhile they caught hold to the deceased and co-accused Anil Jaat fired upon him with country made pistol and he was sent to the hospital. F.I.R. was lodged for the offence under Sections 115(2), 109, 352, 351(2), 351(3) of BNS and 3(2)(V) SC/ST Act but after five days deceased expired due to firearm injury sustained by him and the matter was converted into Section 103(1) of BNS. 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. It is further submitted that the present appellant has not been assigned role of causing firearm injury to the deceased. It is also submitted that the informant and the eye witnesses Anoop and Saurabh @ Samir have made categorical statement before the I.O. that the firearm injury was caused to the deceased by the co-accused Anil Jaat. It is also submitted that in the F.I.R. it is mentioned that before inflicting firearm injury the deceased was assaulted by all the named accused persons but surprisingly no other injury, except gunshot injury, was found by the doctor over the body of the deceased. It is further submitted that due to previous animosity the appellant has been falsely implicated in this case whereas he is serving in Indian Army. It is also submitted that essential ingredients to constitute offence under SC/ST Act are completely missing in this case. Appellant has no criminal history to his credit. He is in jail since 8.9.2024. The Court concerned 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. 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 and learned counsel for the opposite party no.2 / informant opposing the prayer for bail submitted that the appellant committed the present offence having knowledge that the deceased belonged to scheduled caste community. There is no infirmity or illegality in the impugned order. The offence has been committed in furtherance of common intention of all the accused persons but however it is fairly conceded by them that the role of firing upon the deceased has been specifically assigned to Anil Jaat and not to the present appellant. They have also fairly conceded that except single gunshot injury no other injury has been found on the body of the deceased. 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, the fact that actual role of firing upon the deceased has been assigned to the co-accused Anil Jaat and not to the present appellant, the appellant has no criminal history to his credit, the Court is of the opinion that the appellant has made out a case for bail. The Court concerned erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 10. Let the aforesaid appellant involved in the 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. 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 :- 12.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad