HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 12523 of 2024 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. In this case notice has already been served upon the informant. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellants-Hemraj and Khemraj to set aside the order dated 09.12.2024 in Bail Application No.1889 of 24 and to release him on bail in Case Crime No. 215 of 2023, under Sections 147, 148, 323, 504, 506, 308 IPC and section 3(2)Va, 3(1)dha of SC/ST Act, P.S. Saini, District Kaushambi. 3. Heard Sri Sanjeev Kumar Sahu, learned counsel for the appellants, learned counsel for respondent no. 2, the learned AGA for the State-respondent no.1 and perused the entire record. 4. According to the prosecution case, the incident took place on 29.05.2023 and FIR has been lodged on 30.05.2023 by the victim stating therein that when he went to his field for irrigation at about 9.30 P.M. all of sudden appellant and other accused persons came and committed marpeet with him and also snatched Rs. 10,000/- and mobile also. 5. Submission of learned counsel for the appellants is that the appellants are innocent and have been falsely implicated in this case. The appellants have not committed any offence as alleged in Versus Counsel for Appellant(s) : Anil Kumar Counsel for Respondent(s) : G.A. Hemraj And Another .....Appellant(s) State of U.P. and Another .....Respondent(s) the impugned FIR. Further submission is that the prosecution story is totally false and fabricated. Essential ingredients to constitute the offence under the SC/ST Act are lacking in the matter. Appellants are languishing in jail since 09.12.2024. Learned counsel for the appellants next submitted that in the present case charge has not been framed and no witness has been examined so far. There is no possibility to conclude the trial in near future. Further submission is that the impugned order rejecting the bail application of the appellants suffers from infirmity and illegality warranting interference by this Court. 6. On the other hand, learned A.G.A. as well as learned counsel for the opposite party no.2 opposing the prayer for bail had have submitted that the appellants committed the present offence having knowledge that the victim belonged to S.C./S.T. Community. There is no infirmity or illegality in the impugned order. 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 appellants and the nature of injury, the Court is of the opinion that the appellants have made out a case for bail. The Court below erred in rejecting the bail application of the appellants. 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 appellants is hereby set-aside. 10. Let the appellants-Hemraj and Khemraj 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 CRLA No. 12523 of 2024 2 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. 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. September 17, 2025 RPD CRLA No. 12523 of 2024 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad