HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 3205 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant, Shri Anand Kumar holding brief of Shri Shashi Shekhar Maurya, learned counsel for the informant and learned AGA for the State. 2. 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 22.1.2025 passed by Special Judge (SC/ST Act), Gorakhpur and to release the appellant on bail in Case Crime No. 668 of 2024 under Sections 105, 352, 351(3) Bhartiya Nyaya Sanhita and 3(2)(V) 3(1) द, ध of S.C./S.T. Act, P.S. Khorabar, District Gorakhpur. 3. Learned counsel for the appellant has submitted that initially an FIR under Section 308 IPC was registered against the appellant. Certain dispute between the appellant and informant arose on 17.11.2024 because the dog of informant was chased by the appellant. In the said dispute, injured Amit Kumar Paswan received certain injuries on his head and, later on, he succumbed to his injuries. It was submitted that appellant is innocent and was not involved in this case. Infact, deceased in the said dispute fell on a brick road and sustained injuries thereafter. Appellant is languishing in jail since January 2025. 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 Versus Counsel for Appellant(s) : Ashish Kumar Pandey, Manoj Kumar Dwivedi, Suneela Yadav Counsel for Respondent(s) : G.A., Nilesh Kumar Dubey, Shashi Shekhar Maurya Aman Yadav .....Appellant(s) State of U.P. and Another .....Respondent(s) circumstances, the appellant is entitled to bail. 4. Learned A.G.A. and the learned counsel appearing for the informant have strongly opposed the prayer for bail and have submitted that deceased was not only assaulted by the appellant but was repeatedly assaulted by a brick even after he became unconsciousness. Therefore, the appellant is not entitled to bail. 5. I have considered the rival submissions so made and have gone through the entire record. Injuries noted in the postmortem report indicate that deceased has suffered two injuries on the parietal region of the head. There is no indication that deceased also suffered fracture in his head. 6. 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. 7. 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. 8. Let the appellant-Aman Yadav 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. (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. CRLA No. 3205 of 2025 2 (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. 9. 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. 3205 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad