HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7140 of 2025 along with CRIMINAL APPEAL No. - 6442 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellants, 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 appellants - Amit Kumar Yadav and Avdhesh Yadav with the prayer to allow the appeal, set aside the bail rejection order dated 19.7.2025 passed by Special Judge (SC/ST Act), P.A. Act, Ballia and to release the appellant Amit Kumar Yadav on bail in Case Crime No. 236 of 2021 under section 323, 504, 420, 323, 504, 506 I.P.C. & 3(1) (Da) of S.C.S.T. Act Police Station Nagra, District Ballia, and to release the appellant Avdhesh Yadav on bail in Case Crime No. 236 of 2021, under Section 323, 504, 506 IPC & Section 3(1)(D) of SC/ST Act, P.S. Nagra, District Ballia. 3. It is submitted by the learned counsel for the appellant that the appellant is Versus Counsel for Appellant(s) : Brij Lal Shukla Counsel for Respondent(s) : G.A., Vivek Singh Versus Counsel for Appellant(s) : Brij Lal Shukla Counsel for Respondent(s) : G.A., Vivek Singh Amit Kumar Yadav .....Appellant(s) State of U.P. and Another .....Respondent(s) Avdhesh Yadav .....Appellant(s) State of U.P. and Another .....Respondent(s) innocent and has been falsely implicated in this case. He submits that false allegations were made by the informant, claiming that the appellant duped him of an amount of Rs. 14 lakhs on the pretext of providing him employment in HAL, Lucknow. The alleged incident is said to have occurred in the year 2019, and the FIR was lodged after a delay of two years, in 2021. Evidence collected during the investigation clearly demonstrates that only an amount of Rs. 7,48,000/- was transferred into the appellant's account by the informant. Moreover, the amount was not transferred in a lump sum rather, it was transferred in installments, which were of petty amounts. It was further submitted that the appellant and the informant were in a relationship and were neighbors. The mother of the appellant was suffering from various ailments, and he took money from the informant for her treatment. When he was unable to return the money, the FIR was lodged by the informant. Therefore, the appellants are entitled to bail. 4. Learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail, submitting that the said amount was taken by the appellant on the pretext of providing employment, therefore, they are not entitled to bail. 5. I have considered the rival submissions so made and have gone through the entire record. 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 appellants Amit Kumar Yadav and Avdhesh Yadav involved in Case Crime No. 236 of 2021 under section 323, 504, 420, 323, 504, 506 I.P.C. & 3(1) (Da) of S.C.S.T. Act Police Station Nagra, District Ballia, and appellant Avdhesh Yadav involved in Case Crime No. 236 of 2021, under Section 323, 504, 506 IPC & Section 3(1)(D) of SC/ST Act, P.S. Nagra, District Ballia, 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. CRLA No. 7140 of 2025 2 (i) The appellants 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 are exempted. (iv) The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are 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. 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 17, 2025 Ujjawal CRLA No. 7140 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad