HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2170 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Counter affidavit filed on behalf of the opposite party No.2 and rejoinder affidavit to the counter affidavit of the opposite party No.2 are taken on record. 2. Heard learned counsel for the appellants, learned A.G.A. for the State as well as learned counsel for the opposite party No.2 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 17.05.2025 passed by Special Judge, SC/ST (P.A.) Act, Gonda in Bail Application No. 596 of 2025 arising out of Case Crime No.200/2024, under Sections - 147, 148, 323, 325, 504, 308 I.P.C. and Section 3(1)(da), 3 (1) (dha) of SC/ST Act, P.S.- Mankapur, District - Gonda. 4. While pressing the instant appeal, learned counsel for the appellants submitted that the appellants are innocent and they has falsely been implicated in the present case. 5. He further stated that if the allegations leveled in the F.I.R. which has been registered as Case Crime No.200/2024, under Sections 147, 148, 323, 325, 504, 308 I.P.C. and Section 3(1)(da), 3 (1) (dha) of SC/ST Act Police Station Mankapur, District Gonda are taken on its face value, the maximum punishment which could be awarded to the appellants it would Versus Counsel for Appellant(s) : Vijay Nath Pandey, Pradeep Kumar Shukla Counsel for Respondent(s) : G.A., Pinki Devi, Shri Prakash Verma Kanhaiya Lal And 2 Others .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Respondent(s) be up to 07 years, therefore, the case of the appellants is covered under the category 'A' of the judgment passed by the Hon'ble Apex Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51. In these circumstances, the appellants who have the criminal history of one case which has been explained in the paragraph 18 of the appeal, are entitled to be released on bail and the impugned order is liable to be set aside and the appeal is liable to be allowed. 6. Learned A.G.A. as ell as learned counsel for the opposite party No.2 vehemently opposed the prayer of the appellants, however, they could not dispute the above contentions made by the appellant's 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 17.05.2025 passed by Special Judge, SC/ST (P.A.) Act, Gonda in Bail Application No. 596 of 2025 arising out of Case Crime No.200/2024, under Sections - 147, 148, 323, 325, 504, 308 I.P.C. and Section 3(1)(da), 3 (1) (dha) of SC/ST Act, P.S.- Mankapur, District - Gonda is hereby set aside. 10. Let the appellants - Kanhaiya Lal, Ram Bahore Yadav and Kunwardeep be released on bail in the aforesaid case crime number on their furnishing personal bonds 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 CRLA No. 2170 of 2025 2 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 him 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 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. August 28, 2025 ML/- CRLA No. 2170 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench