Neutral Citation No. - 2025:AHC:139175 Court No. - 83 Case :- CRIMINAL APPEAL No. - 2409 of 2025 Appellant :- Ankit Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- R.S. Maurya Counsel for Respondent :- Chandra Prakash Choudhary,G.A.,Manoj Kumar Singh,Nishith Tripathi Hon'ble Shekhar Kumar Yadav,J. 1. Counter affidavit has been filed today in the Court, the same is taken on record. 2. Learned counsel for the appellant does not want to file reply to the counter affidavit filed on behalf of the State. 3. Heard learned counsel for the appellant, learned counsel for the informant and learned AGA as well as perused the entire record. 4. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Ankit Kumar to set aside the impugned order dated 05.03.2025 passed in Bail Application No. 379 of 2025 (Ankit Kumar Vs. State of U.P.) arising out of Case Crime No. 372 of 2024, under Sections 105 BNS and 3 (2) (5) SC/ST Act, Police Station- Roora, District- Kanpur Dehat with a further prayer to release the appellant on bail in the aforesaid case crime. 5. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. The appellant is not named in the impugned FIR. He submits that eye witness, namely, Ashif in his statement recorded under Section 180 BNSS has taken name of the appellant and Jahid and stated that they were lighting firecrackers. They would put a steel glass on the firecrackers and the steel glass would fly and they would catch it in a big blast, a boy fell down on the ground. As per post-mortem, cause of death due to shock hemorrhage due to anti mortem injury. The appellant has no concern with the alleged incident. The appellant is languishing in jail since 5.11.2024 having no criminal history. Further submission is that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 6. On the other hand, learned counsel for the informant and learned A.G.A. have opposed the prayer for bail. 7. 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. 8. 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. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 10. Let the appellant- Ankit Kumar, 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. 11. 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 :- 14.8.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad