Neutral Citation No. - 2025:AHC:81847 Court No. - 80 Case :- CRIMINAL APPEAL No. - 1477 of 2025 Appellant :- Manoj Patel Respondent :- State of U.P. and Another Counsel for Appellant :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the appellant, learned A.G.A. for the State as well as learned counsel for the opposite party no. 2 and perused the record. 2. This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as SC/ST Act) has been preferred by the appellant Manoj Patel with the prayer to set aside the bail rejection order dated 23.01.2025 passed by the leaned Special Judge (SC/ST Act), Mirzapur and to release them on bail in Case Crime No. 05 of 2025, under Sections 191 (2), 190, 115 (2), 352, 351 (2), 127 (2), 118 (2), 109 B.N.S., Section 7 Criminal Law Amendment Act and Section 3(2)(v), 3(2)(va), 3(1)(r), 3(1)(s) SC/ST Act, Police Station Haliya, District Mirzapur. 3. It is submitted by learned counsel for the appellant that the appellant is innocent, he has not committed the alleged offence but he has been falsely implicated in this case. Alleged offences are not attracted against him. It is further submitted that the injured was medically examined on 04.01.2025. As per the medical examination report, the victim sustained seven injuries, which are simple in nature. It is next submitted that no specific role has been assigned to the appellant and general role has been assigned to all the accused persons. It is next submitted that after completion of investigation, the investigating officer submitted charge sheet against the appellant on 17.01.2025. It is next submitted that neither any credible evidence against the appellant nor the ingredients of the alleged offences are fulfilled against the appellant. No offence under Section 118 (2) and 109 BNS is made out against the appellant and nothing has been recovered from the possession of the appellant and the entire allegation is false and fabricated. It is next submitted that the trial Court while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. It is also submitted that the appellant has no criminal history to his credit and he is languishing in jail since 05.01.2025. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 4. Per contra, learned A.G.A. and learned counsel for the opposite party no. 2 vehemently opposed the present appeal but could not dispute the aforesaid facts. 5. 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. 6. Having regard to the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, incarceration period of the appellant and no criminal history of the accused appellant, the Court is of the opinion that the appellant has made out a case for bail. The trial Court erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is to be allowed. 7. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is, hereby, set-aside. 8. Let the appellant- Manoj Patel involved in the aforesaid case crime number be released on bail on furnishing a personal bond and two heavy 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 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 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 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 prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 16.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad