HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 3195 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Supplementary affidavit filed today on behalf of the appellant is taken on record. 2. Heard learned counsel for appellant, Shri Gaurav Singh Tomar, learned counsel for the informant and learned AGA for the State. 3. 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 appellant with a prayer to allow the appeal, set aside the bail rejection order dated 20.3.2025 passed by Additional District & Sessions Judge / Special Judge (SC/ST Act), Jalaun, and to release the appellant on bail in Case Crime No. 11 of 2025 under section 191(2), 191(3), 109, 352, 131 B.N.S and Section 3(2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), Police Station- Churkhi, District Jalaun. 4. Learned counsel for the appellant has submitted that the appellant is a member of Armed Forces. He had came to his village on leave and had gone to the liquor shop of the informant. He found that the liquor shop was still closed till 10:00 am, whereas its opening time was 10:00 am. When he asked its owner, why he has not opened the shop at proper time, some quarrel took place between the two parties. Thereafter, an FIR was lodged against the appellant by informant. Again, in the evening of the same day, certain altercation took place between the parties and the Versus Counsel for Appellant(s) : Ajay Sengar, Gunjan Yadav, Ram Naresh Shukla, Ram Pratap Yadav, Rishabh Shukla Counsel for Respondent(s) : G.A., Gaurav Singh Tomar Jaiveer Singh .....Appellant(s) State of U.P. and Another .....Respondent(s) appellant, being an Army personnel, lost his tamper and shot at the brother of informant, who sustained bullet injuries on his stomach. However, those injuries were not much serious in nature because injured was discharged from the hospital on the very same day. Appellant is languishing in jail for nearly ten months. It was submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. In such circumstances, the appellant is entitled to bail. 5. Learned A.G.A. and the learned counsel appearing for the informant have strongly opposed the prayer for bail and have submitted that two first information reports were lodged by the informant against the appellant on the same day. The appellant not only assaulted the informant and his family members in the morning, but also came back again in the evening to assault them. Moreover, nature of injuries sustained by the injured does not entitle the appellant to seek relief of bail. 6. I have considered the rival submissions so made and have gone through the entire record. 7. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, injuries, evidence, and considering the period of incarceration of the appellant, the Court is of the opinion that the appellant has made out a case for bail. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. Pending application, if any, shall stand disposed of. 9. Let the appellant-Jaiveer Singh involved in the aforesaid case 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. CRLA No. 3195 of 2025 2 (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 court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 9, 2025 SK CRLA No. 3195 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad