Neutral Citation No. - 2025:AHC:136313 Court No. - 83 Case :- CRIMINAL APPEAL No. - 993 of 2025 Appellant :- Gaurav Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Babit Kumar,Jitendra Pal Singh Jadaun,Yadvendra Singh Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Heard learned counsel for the appellant and learned AGA as well as perused the entire record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Gaurav Kumar to set aside the order dated 06.01.2025 passed by learned Additional Session Judge/Special Judge, SC/ST (P.A.) Act, Mainpuri passed in Criminal Misc. Bail Application No.27 of 2025 and to release him on bail in Sessions Trial No. 121 of 2023 arising out of Case Crime No.113 of 2023, under Sections 419, 420, 338, 468, 471, 506, 323, 352, 504 of the I.P.C. and Section 15(3) of the Medical Act and Section 3 (1) द, ध Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989, Police Station- Kotwali, District- Mainpuri. 3. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. The applicant is neither, doctor, owner nor Director of the alleged hospital. He submits that the alleged incident took place on 23.7.2022 where FIR was lodged on 23.02.2023 after lapse of more than seven months. There is no explanation regarding huge delay in lodging the present FIR. As per statement of the co-accused Rajeshwar Dayal, who is the director of the alleged hospital, the applicant is simply ward boy and alleged delivery of the child was done by the nurse/N.M.- Kamini (nurse/N.M.). He further submits that co- accused- Rajeshwar Dayal, has already been granted interim anticipatory bail by the co-ordinate Bench of this Court vide order dated 1.5.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.3161 of 2025. He further submits that earlier, the appellant has approached this Court in Application U/s 482 No.43777 of 2024 and this Court vide order dated 20.12.2024 disposed of the same directing the appellant to appear/surrender and apply for bail within a period of three weeks. Thereafter, the applicant appeared before the court below and apply for bail which was rejected by the court below vide its order dated 6.1.2025, hence, this criminal appeal. 4. Learned counsel for the appellant submits that the appellant has no concern with the alleged incident. The appellant is languishing in jail since 6.1.2025 having no criminal history. Further submission is that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 5. On the other hand, learned A.G.A. has opposed the prayer for bail. 6. 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. 7. 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. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 10. Let the appellant- Gaurav Kumar, 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. (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. 9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 12.8.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad