Neutral Citation No. - 2025:AHC:133695 Court No. - 83 Case :- CRIMINAL APPEAL No. - 11660 of 2024 Appellant :- Dharmendra Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Daya Shankar Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Despite service of notice, none present on behalf of the informant. 2. Heard Mr. Daya Shankar, learned counsel for the appellant and learned AGA as well as perused the entire record. 3. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Dharmendra Yadav to set aside the order dated 29.10.2024 in Bail Application No.3552 of 2024 and to release him on bail in Case Crime No.325 of 2024, under Sections 115(2), 109(1), 351(2), 352, 117(2) BNS and Section 3(2) (V) S.C./S.T. Act, Police Station- Sarai Khwaja, District- Jaunpur. 4. According to the prosecution case, on 29.8.2024 at about 08:30 p.m., the applicant and other co-accused has beaten to Anil Sonkar on the Koridiha Chauraha, who was coming from Shahganj after selling vegetable and thereafter, they have also using filthy language and caste symbol words to the complainant and also beaten to him, due to this, the complainant has receive injury and Anil Sonkar has been hospitalized in District Sadar Hospital, Jaunpur. 5. Submission of learned counsel for the appellant is that the appellant is innocent and has been falsely implicated in this case. No specific role has been assigned to the appellant. Only general and vague allegation has been levelled against the appellant. Appellant is languishing in jail since 18.10.2024. Further submission is 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 A.G.A. has opposed the prayer for bail. 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, role assigned to the present appellant and the nature of injury, 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 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 hereby set-aside. 10. Let the appellant- Dharmendra 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. 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 :- 7.8.2025 // Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad