Neutral Citation No. - 2025:AHC:26494 Court No. - 72 Case :- CRIMINAL APPEAL No. - 11284 of 2024 Appellant :- Mannu @ Rajesh Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Anil Kumar Bind,Dileep Singh Yadav Counsel for Respondent :- G.A. Hon'ble Manoj Bajaj,J. Appellant has filed this appeal under Section 14-A(2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to challenge the order dated 01.10.2024 passed by Special Judge, SC/ST Act, Kannauj, whereby their application under Section 439 Cr.P.C. for grant of regular bail, during the pendency of trial in Sessions Trial No. 526 of 2023, arising out of Case Crime No. 72 of 2023, under Sections 323, 324, 504, 506 I.P.C. and Section 3(1) (da) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Tirwa, District Kannauj has been rejected. Learned counsel for appellant has drawn the attention of the Court to the order dated 27.09.2024 passed by this Court (Annexure No.6) to contend that the concession of regular bail has been extended to the co- accused, namely, Ramgopal @ Bhulli and Pradeep and the case of the applicant is also similar. He further submits that the F.I.R. was lodged after a delay of two days and the investigation in the case is also complete, but ignoring this background, the Special Court has wrongly refused to extend the concession of regular bail to the accused appellant vide impugned order dated 01.10.2024. He prays that impugned order dated 01.10.2024 be set aside and the appellant be released on regular bail. Despite service, no one has appeared on behalf of the opposite party no.2- complainant. Learned State Counsel while opposing the prayer does not not dispute this fact that the co- accused of the applicant have been released on regular bail. After hearing the learned counsel for the parties and considering their submissions, this Court finds that the truthfulness of the allegations by complainant and statements of injured would be tested during trial on the basis of the prosecution evidence, and the said onus is yet to be discharged by the prosecution. The material witnesses in the case are either the complainant, injured or the police officials and at this stage, there does not seem to be any possibility of their being won over. Since, the appellants are confined in judicial custody since 01.08.2024 and there is no likelihood of conclusion of trial in near future, therefore, this Court deems it appropriate to extend the concession of regular bail to the appellants, as their further detention behind the bars would not serve any useful purpose. A reading of the impugned order dated 01.10.2024 shows that the Special Court, Kannauj has erroneously refused to exercise the discretion in favour of the appellant- accused, and the said order is not sustainable. Resultantly, without meaning any expression of opinion on the merits of the case, the impugned order dated 01.10.2024 is set aside, the bail application filed by the appellant under Section 439 Cr.P.C. is hereby accepted, and it is ordered that the appellant Mannu @ Rajesh Kumar be released on regular bail in the above case crime subject to his furnishing the requisite bail bonds and surety bonds to the satisfaction of the trial court. The appeal is allowed. Order Date :- 24.2.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad