Neutral Citation No. - 2025:AHC:11957 Court No. - 82 Case :- CRIMINAL APPEAL No. - 7369 of 2023 Appellant :- Chirag Respondent :- State of U.P. and Another Counsel for Appellant :- Satyendra Narayan Singh,Sunil Kumar Dubey,Tarun Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard Sri Satyendra Narain, learned counsel for the appellant and learned A.G.A. for the State. 2. No one appears on behalf of the opposite party no. 2. 3. This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Chirag with the prayer to set aside the bail rejection order dated 20.02.2023 passed by the Additional Sessions Judge/Special Judge (SC/ST Act), Baghpat Bail Application No. 18 of 2023. 4. The injured Vicky son of Omveer Singh, an Electric Mistry, was assaulted by named accused persons Chirag and Mosin @ Monis and the injured was beaten by them by kicks and blows and when he tried to rescue both the accused persons Chirag and Mosin @ Monis chased him and stabbed injuries were inflicted upon him with intention to kill. The injured sustained serious injuries. The tubewell owner was the eye witness of the incident. 5. 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 no motive has been assigned to the present appellant to commit the alleged crime. It is also submitted that although six injuries have been sustained by the injured but out of them four injuries have been found simple in nature by the doctor and two injuries were kept under observation. It is further submitted that C.T. Scan report and radiology report of the injured clearly show that the injuries caused to the injured were not grievous or dangerous to life. It is also submitted that the injured although had been admitted in hospital for a period of about 10 days but no crucial damage was caused to him. It is also submitted that no motive has been assigned to the present accused/appellant to commit the present crime. It is also submitted that co-accused Mosin @ Monis has been granted bail by the coordinate Bench of this Court on 4.7.2023 vide criminal appeal no. 3831 of 2023. It is also submitted that criminal history of eleven cases of the appellant has been properly explained by way of supplementary affidavit. 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 24.12.2022. 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. 6. On the other hand, learned AGA oppose the prayer for bail and it has been submitted that in the statement of injured accused- appellant has been assigned specific role of causing injury by the knife. The injured sustained several stabbed injuries. There is no infirmity or illegality in the impugned order dated 20.02.2023. 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, severity of punishment, incarceration period of the appellant which is more than 2 years, 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. 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 Chirag involved in Case Crime No. 606 of 2022 under Sections 307, 323, 324, 34, 506 I.P.C. & Section 3(2) (V) of SC/ST Act, Police Station - Baraut, District Baghpat 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. 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 :- 23.1.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad