HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8356 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellants, Shri Ashok Kumar Upadhyay and Shri Vivek Kumar Mishrqa, learned counsel for the injured and 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 - Phool Singh and Chandrabhavan @ Chandrabhan Singh with the prayer to allow the appeal, set aside the bail rejection order dated 13.8.2025 passed by the learned Special Judge SC/ST Act, Fatehpur in Case Crime No. 264 of 2025, under Section 190, 191(2), 191(3), 109, 115(2), 127(2) and 352 B.N.S. and Section 3(2) (V), 3(2) (Va), 3(1)(r) and 3(1)(s) of SC/ST Act, police station Khaga, district Fatehpur. 3. 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 certain scuffle between the appellants and other seven persons with informant and his family members occurred on 10.7.2025. Both sides have received injuries. Only two persons were injured from the side of the informant. None of them have sustained any grievous injury. Hence, the appellants are entitled to be released on bail. 4. Learned A.G.A. and counsel for the informant and the injured have vehemently opposed the prayer and submitted that one of the injured, Versus Counsel for Appellant(s) : Satyarth Agarwal, Siddharth Agrawal Counsel for Respondent(s) : Ashok Kumar Upadhyay, G.A., Vivek Kumar Mishra Phool Singh And Another .....Appellant(s) State of U.P. and Another .....Respondent(s) Vijay Singh, has sustained three injuries on his person. Another injured, Naresh Pal, has sustained five injuries. This injured has sustained a serious head injury and was also kept under observation by the doctor. The C.T. scan suggests that a further direction to conduct an M.R.I. of the injured was opined by the doctor. Injured Naresh Paswan was also admitted for his treatment for eight days in the hospital. Therefore, the gravity of the offence and the nature of the injuries do not entitle the appellants to bail. 5. I have considered the rival submissions so made and have gone through the entire record and perused the C.T. scan, which does not suggest any fracture or any fatal injury on the head of the injured, Naresh Pal. 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 appellants is set-aside. 8. Let the appellants Phool Singh and Chandrabhavan @ Chandrabhan Singh involved in Case Crime No. 264 of 2025, under Section 190, 191(2), 191(3), 109, 115(2), 127(2) and 352 B.N.S. and Section 3(2) (V), 3(2) (Va), 3(1)(r) and 3(1)(s) of SC/ST Act, police station Khaga, district Fatehpur. 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 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 is 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 he is CRLA No. 8356 of 2025 2 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 15, 2025 Sumaira CRLA No. 8356 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