Neutral Citation No. - 2025:AHC:37127 Court No. - 80 Case :- CRIMINAL APPEAL No. - 11739 of 2024 Appellant :- Rajesh Chauhan And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Rajeev Singh Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellants Rajesh Chauhan, Anuj and Sani with the prayer to set aside the bail rejection order dated 15.11.2024 passed by the Additional Sessions Judge / Special Judge (SC/ST Act), Kannauj and release the appellants on bail in Case Crime No. 135 of 2024, under Sections 323, 504, 506 IPC and Section 3(1) (Da) of SC/ST Act, P.S. Indergarh, District Kannauj. 2. Heard learned counsel for the appellants and the learned AGA and perused the entire record. None is present for the opposite party no.2 despite service of notice. 3. The main allegation on behalf of the prosecution is that on 17.5.2024 at about 12.30 p.m. the named accused persons made serious assaults upon the son of the informant and when the lady informant went to the house of Rajesh Chauhan to record her protest, she was also hurled abuses by caste related remarks and threatened to life by him F.I.R. was lodged and after investigation charge sheet has been submitted. 4. It is submitted by the learned counsel for the appellants that the appellants are innocent and have been falsely implicated in this case. They have not committed the present offence. Alleged offences are not attracted against them. It is also submitted that injured of this case has sustained only some simple injuries. It is also submitted that except the offence under SC/ST Act, all other offences are triable by Magistrate and in nature are bailable offences. It is also submitted that essential ingredients to constitute offence under SC/ST Act are completely missing in this case. Appellants are in jail since 15.11.2024. Appellants have no criminal history to their credit. 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 appellants suffers from infirmity and illegality warranting interference by this Court. 5. On the other hand, learned AGA opposing the prayer for grant of bail submitted that the appellants committed the present offence having knowledge that the injured belonged to SC/ST community. There is no infirmity or illegality in the impugned order and appeal deserves to be dismissed. 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, and the fact that except the offence under the SC/ST Act all other offences are triable by Magistrate and in nature are bailable offences, injuries sustained by the injured are simple in nature, the detention period of the appellants, the Court is of the opinion that the appellants have made out a case for bail. The Court concerned erred in rejecting the bail application of the appellants. The impugned orders suffer from infirmity and illegality and the same are 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 applications of the appellants is set-aside. 9. Let the aforesaid appellants involved in aforesaid case crime number be released on bail on furnishing each 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 appellants will not tamper with the evidence during the trial. (ii). The appellants will not pressurize/ intimidate the prosecution witness. (iii). The appellants will appear before the trial court on the date fixed, unless personal presence is exempted. (iv). The appellants 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 appellants 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. 10. 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 :- 17.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad