Neutral Citation No. - 2025:AHC-LKO:37502 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1513 of 2025 Appellant :- Brij Pal Lodhi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others Counsel for Appellant :- Dilip Kumar Pandey Counsel for Respondent :- G.A.,Krishna Pratap Singh Hon'ble Saurabh Lavania,J. 1. Heard counsel for the appellant, learned A.G.A. for the State, Sri Krishna Pratap Singh, learned counsel for the opposite party No. 2/informant/victim and perused the record. 2. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 08.05.2025 passed by Special Judge (SC/ST Act), Raibarelli in Bail Application No. 954 of 2025, arising out of FIR/Case Crime No. 302 of 2024, under Sections- 76, 352, 351(2) B.N.S. and Sections- 3(A)DA & DHA, 3(2) (V)A of SC/ST Act, Police Station- Harchandpur, District- Raibarelli. 3. While pressing the present appeal, learned counsel for the appellant submitted that a perusal of impugned FIR would indicate that no offence is made out against the appellant so far as it relates to SC/ST Act as in the FIR itself, there is no utterance, which is required so as to attract the offences under the SC/ST Act. 4. It is further stated that so far as the allegations in the FIR regarding commission of offence under Sections 76, 352, 351(2) B.N.S. are concerned, the same are also completely false and concocted. 5. In continuation, it is stated on 04.09.2024, some altercation took place between the parties and therefore, the appellant was challaned under Section 35 of B.N.S.S. as would appear from the copy of arrest memo annexed as Annexure No. 2 to the instant appeal and therefore, just to create pressure on the appellant, the FIR in issue was lodged on 05.09.2024, wherein, it has been indicated that the appellant committed crime on 01.09.2024. Thus, from a conjoint reading of these facts, it is clear that the allegations levelleved in the FIR are completely false and concocted. 6. It is further submitted that appellant, having no criminal history, is languishing in jail since 08.05.2025. In these circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail. 7. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the appellant. 8. Considered the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and all the relevant documents placed on record. 9. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order as also that the appellant is in jail since 08.05.2025 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed. 10. Order dated 08.05.2025 passed by Special Judge (SC/ST Act), Raibarelli in Bail Application No. 954 of 2025, arising out of FIR/Case Crime No. 302 of 2024, under Sections- 76, 352, 351(2) B.N.S. and Sections- 3(A)DA & DHA, 3(2)(V)A of SC/ST Act, Police Station- Harchandpur, District- Raibarelli is hereby set aside. 11. Let the appellant- Brij Pal Lodhi be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence. (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. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 12. 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 13. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) 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(s) made in this order. Order Date :- 3.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench