Neutral Citation No. - 2025:AHC:137893 Court No. - 83 Case :- CRIMINAL APPEAL No. - 1452 of 2025 Appellant :- Magan Respondent :- State of U.P. and Another Counsel for Appellant :- Ram Gopal Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J. Ref: Criminal Misc Bail Application No.01 of 2025 1. This is second bail application of the appellant. The first bail application was rejected by this Court vide order dated 12.09.2024 passed in Criminal Appeal No.6125 of 2024, copy of order has been annexed as Annexure No.1 to the appeal. 2. Appellant-Accused has filed this appeal to challenge the bail rejection order dated 09.01.2025 passed by Special Judge (SC/ST Act) Bansi in Case Crime No.39 of 2024, under Sections 363 and 366 IPC and Section 3(2)(v), 3(2) (va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Paikoliya, District Basti. 3. Heard Mr. Ram Gopal, learned counsel for the appellant, the learned AGA for the State-respondent no.1 and perused the entire record. Despite service of notice, none has appeared on behalf of respondent no.2. 4. Submission of learned counsel for the appellant is that the appellant is innocent and has been falsely implicated in this case. The appellant has not committed any offence as alleged in the impugned FIR. Further submission is that the prosecution story is totally false and fabricated. Further submission is that the informant and victim who has have been examined as PW 1 and 3 have not supported the prosecution story and ultimately have been declared hostile. The victim is aged about 19 years. The victim herself has refused for her medical examination. Further submission is that the applicant is languishing in jail since 30.03.2024 having no previous criminal history and there is no possibility of early conclusion of trial because till today only victim and informant have been examined as yet. Essential ingredients to constitute the offence under the SC/ST Act are lacking in the matter. Further submission is that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 5. On the other hand, learned A.G.A. opposing the prayer for bail has submitted that the appellant committed the present offence having knowledge that the victim belongs to S.C./S.T. Community. There is no infirmity or illegality in the impugned order. 6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully. 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, role assigned to the present appellant and the nature of injury, the Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 9. Let the appellant-Magan, involved in aforesaid case crime number 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. 10. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 13.8.2025/Ajeet Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad