Neutral Citation No. - 2025:AHC:89601 Court No. - 80 Case :- CRIMINAL APPEAL No. - 2614 of 2025 Appellant :- Shivam Pal Alias Jwala Singh Respondent :- State of U.P. and Another Counsel for Appellant :- B.N.Singh,Manish Kumar Singh 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 and perused the material available on record. 2. This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Shivam Pal Alias Jwala Singh with the prayer to set aside the bail rejection order dated 7.3.2025 passed by the Additional District and Sessions Judge / Special Judge (SC/ST Act), in Bail Application No.264 of 2025 arising out of Case Crime No. 192 of 2025, under Sections 103(1)/61(2)(A) BNS and 3(2)(5) SC/ST, Act, Police Station Mangalpur, District Kanpur Dehat. 3. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He has not committed the present offence. Alleged offences are not attracted against him. Essential ingredients to establish an offence under SC/ST Act are also missing in this case. It is further submitted that from the statements of family members of the deceased, it appears that there was illicit relation between Pooja Devi and and present applicant and other co-accused persons Vishnu Shankar and Gulab Shankar and they have been granted bail by the co-ordinate Bench of this Court. It is further submitted that the alleged story of recovery of muffler on the pointing of accused persons, present accused is false and concocted story of the prosecution and there is support from the reliable independent witness. 4. 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. Appellant is in jail since 31.07.2024. 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. 5. On the other hand, learned AGA opposing the prayer for bail submitted that the appellant committed the present offence having knowledge that the victim belonged to scheduled caste community. There is no infirmity or illegality in the impugned order dated 7.3.2025. 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, severity of punishment, 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. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is, hereby, set-aside. 9. Let the above named appellant involved in the aforesaid crime 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 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 :- 26.5.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad