HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 12815 of 2024 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Supplementary affidavit has been filed today in the Court, the same is taken on record. 2. Heard Mr. Jagdish Sharan Tomar, 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- Sanjay Pandey to set-aside the impugned bail rejection order dated 5.12.2024 passed by learned Additional District & Sessions Judge/Special Judge, (S.C./S.T. Act) Sambhal at Chandausi, in First Bail application No. 228 of 2024, Computer Registration No. 2413 of 2024, (CNR No. UPSL01005165/2024) (Bahadur Vs. State of U.P.) arising out of Case Crime No. 598 of 2024, under sections 126(2), 109(1) 115(2), 352, 351(3), 125, 3(5) B.N.S. and Section 3 (2)5 S.C./ S.T. Act, Police Station Bahjoi, District Sambhal with a further prayer to release the appellant on bail during pendency of of the trial before the court below. 4. As per prosecution story, on 1.11.2024 at about 3.30 the complainant was going to purchase medicine from Medical store and at the same time the appellant and other accused abused him and used word (Chamar) denoting his caste and demanded money from him as the complainant used to purchase house holds from the shop of the appellant and by the same time he was beaten by the appellant and other co-accused by Saria, danda, Kulhari and knife by the same time the mother of the complainant and sister arrived Versus Counsel for Appellant(s) : Jagdish Sharan Tomar Counsel for Respondent(s) : G.A. Bahadur .....Appellant(s) State of U.P. and Another .....Respondent(s) there by the same time Munna Lal struck gave below of Kunda (Kulhari) on the mother of complainant and his sister Saloni was also beaten by the accused persons. 5. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. The appellant has not committed any offence as alleged in the impugned FIR. There are four accused in the impugned FIR. Only general role has been assigned to the appellant. No specific role has been assigned to the appellant. Nothing has been recovered from the possession of the appellant. He further submits that till date, trial has not started, therefore, there is no possibility of conclusion of trial in near future. Appellant is languishing in jail since 3.11.2024 having no previous criminal history. He further submits 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- Bahadur, 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. CRLA No. 12815 of 2024 2 (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. September 11, 2025 Krishna* CRLA No. 12815 of 2024 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad