Neutral Citation No. - 2025:AHC-LKO:41364 Court No. - 13 Case :- CRIMINAL APPEAL No. - 79 of 2025 Appellant :- Rafik And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Anubhav Dwivedi,Garima Singh,Smt.Seema Dwivedi,Vikas Verma Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Case called out. Office report dated 10.02.2025 indicates that notice has been served upon the opposite party No.2, however, when the case is called out no one appeared to oppose the appeal. Learned AGA is present in the Court. In the aforesaid background, the court proceeded to hear the case. 2. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record. 3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the order dated 10.12.2024 passed by Additional District and Sessions Judge/Special Judge, SC/ST Act, Shravasti in Bail Application No.1000 of 2024 arising out of Case Crime No.182 of 2021, under Sections 323, 325, 504, 506 I.P.C. and Section 3(1)(da), and 3 (1) (dha) of SC/ST Act, P.S.- Sirsiya, District - Shravasti. 4. While pressing the instant appeal, learned counsel for the appellants submitted that the appellants are innocent and he has falsely been implicated in the present case. 5. He further stated that the offence as indicated in the F.I.R. entails the maximum punishment up to 07 years, accordingly, the appellants are entitled to the benefit of the judgment of in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51. It is further stated that the perusal of the F.I.R. would indicate that the offence indicated under the SC/ST Act would not would not be attracted as in the same specific allegations have not been leveled. In this regard reliance has been placed upon the judgment of the Hon'ble Apex Court in the case Hitesh Verma Versus State of Uttarakhand, (2020) 10 SCC 710 and Ramesh Chandra Vaishya Vs. State of U.P. & Another, 2023 SCC Online SC 668). It is also submitted that the injuries sustained by the victim are simple in nature. It is next submitted that the offence under Section 506 I.P.C. would not be made out. In these circumstances, the appellants, who have no criminal history and are languishing in jail since 10.12.2024 and the impugned order is liable to be set aside and the appeal is liable to be allowed. 6. Learned A.G.A. vehemently opposed the prayer of the appellants, however, he could not dispute the above contentions made by the appellants' counsel. 7. Considered the arguments advanced by the learned counsel for the appellants, learned A.G.A. and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents. 8. Upon due consideration of above facts and circumstances and keeping in view the fact that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed. 9. Order dated 10.12.2024, passed by Additional District and Sessions Judge/Special Judge, SC/ST Act, Shravasti in Bail Application No.1000 of 2024 arising out of Case Crime No.182 of 2021, under Sections 323, 325, 504, 506 I.P.C. and Section 3(1)(da), and 3 (1) (dha) of SC/ST Act, P.S.- Sirsiya, District - Shravasti is hereby set aside. 10. Let the appellants - Rafik and Shah Mohammad be released on bail in the aforesaid case crime number on their furnishing personal bonds of Rs. 25,000/- each and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellants will cooperate with the prosecution during trial. (ii) The appellants will not tamper with the evidence during trial. (iii) The appellants will not pressurize/intimidate the prosecution witness(es). (iv) The appellants shall not commit an offence. (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 them from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The appellants shall remain present before the trial court on each date fixed, either personally or through their counsel. (vii) The appellants will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellants shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 11. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 12. As this order relates to enlargement of the appellants 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. Order Date :- 18.7.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench