HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 11568 of 2024 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellant and learned AGA as well as perused the entire record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Ajai Chaudhary, to set aside the impugned judgment and order dated 04.10.2024 passed by learned Special Judge, S.C./S.T. Act (P.A. Act), Meerut, arising out of Case Crime No. 0230 of 2024, under Section 74, 109(1), 115(2), 352BNS and Section 3 (2) (V) of S.C./S.T. Act, Police Station- Civil Lines, District Meerut, with a further prayer to release the appellant on bail in the aforesaid case crime. 3. In short, the prosecution case is that, on 09.08.2024 at about 3:42 pm, the complainant filed a written complaint at Police Station Civil Lines, stating that when she along with her clerk Jyoti was present in connection with some matter, there the applicant who is clerk of one Prabhat Malick suddenly assaulted her and tried to strangle him and tried to kill her. 4. It is contended by learned counsel for the appellant that appellant has been falsely implicated in the case. The primary report does not disclose any corroborative evidence or witness statements confirming physical abuse or molestation. The first information report was filed on 4.10.2024 for an incident dated 09.08.2024 after a long period of time, which raises doubts about the authenticity of the complaint. It is further submitted that the injuries sustained by the injureds are simple in nature. It is further Versus Counsel for Appellant(s) : Prashant Singh Counsel for Respondent(s) : G.A. Ajai Chaudhary .....Appellant(s) State of U.P. and Another .....Respondent(s) submitted that appellant is in jail since 09.08.2024 and has no criminal history. 5. On the other hand, learned AGA has opposed the prayer for bail, but could not dispute the said fact. 6. 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. 7. 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 Court below 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 liable to be allowed. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. Let the appellant Ajai Chaudhary, 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 cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (iv) The appellant shall not commit an offence. (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. CRLA No. 11568 of 2024 2 (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 10. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the competent Court. 11. As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. September 24, 2025 RavindraKSingh CRLA No. 11568 of 2024 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad