HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4175 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant and the learned AGA for State. 2. As per report, notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal. 3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to allow the appeal, set aside the bail rejection order dated 01.04.2025 passed by the learned Special Judge SC/ST ( Prevention of Atrocity Act), Balia, arising out of Case Crime No.69 of 2025, under Sections 137 (2), 61(2) Β.Ν.S.. and 3(1) r, 3(1) s and 3(2) (V) of SC/ST Act, at Police Station Sukhpura, District Balia. 4. Learned counsel for the appellant has submitted that the appellant was not named in the FIR. Even when statement of victim was recorded under Section 180 and 183 of BNSS-2023, name of appellant was not mentioned by the victim. The main role has been assigned to accused Bihari Saini and he was granted bail by another Bench of this High Court in Criminal Appeal No.4610 of 2025 ( Bihari Saini Vs. State of U.P. and another ) on 26.8.2025 . The case of the appellant is at better footing with the case of accused Bihari Saini. Hence, the appellant is entitled for bail. 5. Learned AGA for State has opposed the prayer for bail. 6. I have considered the rival submissions so made and have gone through the entire record. 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, severity of punishment, the Court is of the opinion that the appellants have made out Versus Counsel for Appellant(s) : Rajeev Kumar Saini, Rohit Shukla Counsel for Respondent(s) : G.A. Bhagwat Saini @ Bhagat @ Ghasi .....Appellant(s) State of U.P. and Another .....Respondent(s) a case for bail. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. Let the appellant- Bhagwat Saini @ Bhagat @ Ghasi involved in Case Crime No.69 of 2025, under Sections 137 (2), 61(2) Β.Ν.S.. and 3(1) r, 3(1) s and 3(2) (V) of SC/ST Act, at Police Station Sukhpura, District Balia, 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. 10. In case of breach of any of the above conditions, the concerned Court shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 27, 2025 Mukesh CRLA No. 4175 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad