HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 12704 of 2024 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant, learned counsel for the informant and learned AGA for the State. 2. 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 - Brijesh Singh with the prayer to allow the appeal, set aside the bail rejection order dated 24-10-2024 passed by learned Special Judge SC/ST Act (Prevention of Atrocities) Act, court no. 2, Shahjahanpur in Criminal Bail Application No. 3146/2024 (Brijesh Singh versus State of U.P.) and to release the appellant on bail in Case Crime No. 265/2024, Under Sections 115(2), 352, 105, 61 (2) B.N.S. and Section 3 (2) V Section 3 (1) da, dha SC/ST Act, Police Station-Jaitipur, District Shahjahanpur. 3. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in the present case. Learned counsel submits that the FIR was lodged by the informant and it clearly indicates that he is not an eye-witness to the occurrence. In the FIR, it has merely been alleged that the appellant along with co-accused Om Prakash assaulted and killed the informant's father with clubs and sticks. It is further submitted that the charge sheet has been filed, but during investigation, the Investigating Officer did not find any witness who was present at the spot at the time of the incident. Learned counsel further submits that certain CCTV footage was collected during the investigation, and from the said footage, it was found that one of the co-accused, Om Prakash, was about 600 kilometers away from the place of occurrence at the relevant time. Despite this, the charge sheet has been submitted against the appellant and another Versus Counsel for Appellant(s) : Rabindra Tiwari, Ramanuj Yadav Counsel for Respondent(s) : G.A., Shaheen Bano, Shahnawaz Khan Brijesh Singh .....Appellant(s) State of U.P. and Another .....Respondent(s) co-accused solely on the basis of their alleged confessional statements. It is, therefore, contended that the appellant is entitled to be released on bail. 4. Learned A.G.A., on the other hand, has vehemently opposed the prayer for bail and submitted that the appellant and the co-accused have themselves admitted their guilt. 5. I have considered the rival submissions advanced by the learned counsel for the parties and perused the record. It appears that the prosecution case rests upon circumstantial evidence. It is also evident from the FIR that the informant was not present at the place of occurrence and did not witness the incident. Furthermore, no other eye-witness has been mentioned in the case diary. 6. 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 appellant has made out a case for bail. 7. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 8. Let the appellant Brijesh Singh involved in Case Crime No. 265/2024, Under Sections 115(2), 352, 105, 61 (2) B.N.S. and Section 3 (2) V Section 3 (1) da, dha SC/ST Act, Police Station-Jaitipur, District Shahjahanpur, 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 CRLA No. 12704 of 2024 2 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 court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 29, 2025 Ujjawal CRLA No. 12704 of 2024 3 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad