HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7528 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. List revised. 2. Heard learned counsel for appellants, Shri Kanhaiya Mishra, learned counsel for opposite party No. 2 and learned AGA for the State. 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 appellants - Abdul Kareem and Dilshan @ Dilshad with the prayer to allow the appeal, set aside the bail rejection order dated 6.8.2025 passed by the learned Additional Sessions Judge/Special Judge (SC/ST Act) Shamli in Bail Application No. 1201 of 2025 (Dr. Abdul Kareem and another vs. State) arising out of Case Crime No. 62 of 2025, under Sectoin 105 B.N.S. and Section 3(2) (V) SC/ST Act, police station Thana Bhawan, district Shamli. 4. It is submitted by the learned counsel for the appellants that the appellants are innocent and have been falsely implicated in this case. Learned counsel for the appellants submits that allegations of medical negligence against accused Dr. Abrar and his wife have been made by the informant. The informant has alleged that his wife was operated upon by accused Dr. Abrar, his wife, and two unknown persons who were support staff. The appellants were later on made accused in this case after being found to have assisted the above-named accused in conducting the operation for a kidney stone. The appellants were not involved in the Versus Counsel for Appellant(s) : Counsel for Respondent(s) : Abdul Kareem And Another .....Appellant(s) State of U.P. and Another .....Respondent(s) surgery of the deceased. Hence, the appellants are entitled to be released on bail. 5.Learned A.G.A. and counsel for the opposite party have vehemently opposed the prayer and submitted that though the appellants were not named in the F.I.R., their involvement in the case was established by the call details recovered during the investigation, which indicate that both of them talked to each other on mobile phones on the alleged date of the incident. Therefore, their location on the basis of mobile phones was also traced, and they were found to be present in the hospital on the date of the alleged offence. Hence, the appellants are not entitled to be released on 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 a case for bail. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellants is set-aside. 9. Let the appellants Abdul Kareem and Dilshan @ Dilshad involved in Case Crime No. 62 of 2025, under Sectoin 105 B.N.S. and Section 3(2) (V) SC/ST Act, police station Thana Bhawan, district Shamli 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 appellants will not pressurize/ intimidate the prosecution witness. (iii) The appellants will appear before the trial court on the date fixed, unless personal presence is exempted. CRLA No. 7528 of 2025 2 (iv) The appellants 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 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 them 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 court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 15, 2025 Sumaira CRLA No. 7528 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad