Neutral Citation No. - 2025:AHC:88169 Court No. - 80 Case :- CRIMINAL APPEAL No. - 3157 of 2025 Appellant :- Lalit Respondent :- State of U.P. and Another Counsel for Appellant :- G.A.,Jitendra Singh,Vikesh Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant - Lalit to set aside the bail rejection order dated 15.1.2025 whereby the Special Judge, SC/ST Act/ Additional Sessions Judge, Ghaziabad has rejected the bail application of the appellant moved by him and to release the appellant on bail in Case Crime No. 480 of 2024, under sections 3(2)(v) of SC/ST Act, P.S. Loni Border, District Ghaziabad and to release him on bail. 2. Heard learned counsel for the appellant as well as the learned AGA and perused the entire record. None is present for the opposite party no.2 despite service of notice. 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. It is also submitted that the prosecution story is totally false and fabricated. Essential ingredients to constitute the offence under the SC/ST Act are lacking in the matter. It is also submitted that earlier the appellant had approached this Court through Criminal Misc. Bail Application No. 1139 of 2025 and this Court vide order dated 20.3.2025 allowed the said application and the appellant was granted bail in the aforesaid case crime number for the offences under Sections 115(2), 352, 351(2), 118(1), 109(1), 190, 191(2), 191(3) of BNS, however, subsequently Section 3(2)(v) of SC/ST Act was added in this matter and in the said added section his bail application was rejected by the Special Judge (SC/ST Act) vide order dated 15.1.2025. It is also submitted that against the said bail rejection order the present appeal has been filed. It is further submitted that 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. It is also submitted that the appellant is languishing in jail since 1.12.2024. It is submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 4. On the other hand, learned A.G.A. opposing the prayer for bail submitted that the appellant committed the present offence having knowledge that the injured belonged to S.C./S.T. Community. There is no infirmity or illegality in the impugned order. 5. 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. 6. 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 and the fact that in the main main offences the appellant has been released on bail, 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. 7. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 8. Let the aforesaid appellant 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. 9. 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 :- 23.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad