HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 12685 of 2024 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard counsel for appellant and the learned AGA for 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 with the prayer to allow the appeal, set aside the bail rejection order dated 21.11.2024 passed by Special Judge (S.C./S.T. Act), District Azamgarh in Bail Application No.5071/2024, arising out of Case Crime No.0314/2024, under Sections 281, 109, 352, 103(1) BNS-2023 and under Sections 3(1)(Da), 3(1)(Dha) and 3(2)(v) of SC/ST ( Prevention of Atrocities) Act, 1989 ( Amendment 2015), at Police Station Atraulia, District Azamgarh. 3. Learned counsel for appellant has submitted that the applicant has been falsely implicated in this case by informant, who alleged that deceased was crushed by appellant who ran over his vehicle upon the deceased. However, the said incident occurred as a result of accident and there was no intention of the appellant to kill the deceased. Deceased survived eleven days after the accident yet his statements were not recorded by Investigating Officer. Appellant is languishing in jail since 8.9.2024. 4. Learned AGA for State has opposed the argument raised by the appellant and has submitted that postmoretm suggests five injuries on the person of the deceased. 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 Versus Counsel for Appellant(s) : Dinesh Kumar Pandey Counsel for Respondent(s) : G.A., Rajeev Upadhyay Mohammad Daud @ Golu .....Appellant(s) State of U.P. and Another .....Respondent(s) 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. 7. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 8. Let the appellant-Mohammad Daud @ Golu involved in Case Crime No.0314/2024, under Sections 281, 109, 352, 103(1) BNS-2023 and under Sections 3(1)(Da), 3(1)(Dha) and 3(2)(v) of SC/ST ( Prevention of Atrocities) Act, 1989 ( Amendment 2015), at Police Station Atraulia, District Azamgarh, 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. 9. 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. (Anil Kumar-X,J.) October 13, 2025 Mukesh CRLA No. 12685 of 2024 2 Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad