HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2991 of 2024 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Supplementary affidavit filed today on behalf of the opposite party No.2 is taken on record. 2. Heard learned counsel for the appellant, 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 06.09.2024, passed by Special Judge, SC/ST (P.A.) Act/Additional District & Session Judge, Court No.2, Unnao in Bail Application No.2333 of 2024, arising out of Case Crime No.884 of 2023, under Sections - 406, 504, 506, 419, 420, 467, 468, 471 I.P.C. and Section 3(2)(5) of SC/ST Act, P.S.- Kotwali, District - Unnao. 4. Considered the fact(s), as indicated, including that the appellant is innocent and he has falsely been implicated in the present case and that the F.I.R. was lodged on 28.10.2023 making allegations therein to attract the offence under Sections 406, 504, 506 I.P.C. and Sections 3(1)(da), (dha) of SC/ST Act and subsequently the charge sheet No.431/2024, dated 29.07.2024 was filed under Sections 406, 504, 506, 419, 420, 467, 468, 471 I.P.C. and Section 3 (1)(d), (dha) of SC/ST Act, as also that thereafter the appellant was apprehended and was sent to jail and the application seeking bail was rejected on 09.07.2024 and in this view of Versus Counsel for Appellant(s) : Anoop Srivastava, Pankaj Gupta, Yogeshwar Sharan Srivastava Counsel for Respondent(s) : G.A., Archana Yadav Shubhendra Tripathi .....Appellant(s) State Of U.P. Thru. Secy. Home Lko And Another .....Respondent(s) the matter, the appellant is in jail for a period of more than one year and also that the parties are ready to settle the dispute amicably and following the terms of settlement a cheque has been provided as appears from paragraphs 2, 3 and 4 of the affidavit dated 24.11.2025. In these circumstances, the appellant is entitled to be released on bail and the impugned order is liable to be set aside and the appeal is liable to be allowed. 5. Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the above contentions made by the appellant's counsel. 6. Considered the arguments advanced by the learned counsel for the appellant, learned A.G.A. and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents. 7. 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 as also the fact that that the matter relates to money transaction and both the parties are ready to settle the dispute amicably, this Court is of the view that the appeal has substance and it is accordingly, allowed. 8. Order dated 06.09.2024, passed by Special Judge, SC/ST (P.A.) Act/Additional District & Session Judge, Court No.2, Unnao in Bail Application No.2333 of 2024, arising out of Case Crime No.884 of 2023, under Sections - 406, 504, 506, 419, 420, 467, 468, 471 I.P.C. and Section 3(2)(5) of SC/ST Act, P.S.- Kotwali, District - Unnao is hereby set aside. 9. Let the appellant - Shubhendra Tripathi be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties, out of which one should be of family member, in the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant will cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. CRLA No. 2991 of 2024 2 (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (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 will 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. 10. 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. 11. As this order relates to enlargement of the appellant 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. November 24, 2025 ML/- CRLA No. 2991 of 2024 3 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench