Neutral Citation No. - 2025:AHC:130693 Court No. - 83 Case :- CRIMINAL APPEAL No. - 3646 of 2025 Appellant :- Anil Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Amit Kumar Yadav,Karunesh Pratap Singh Counsel for Respondent :- G.A.,Pradeep Kumar Singh Hon'ble Shekhar Kumar Yadav,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 - Anil Yadav to set aside the bail rejection order dated 21.03.2025 whereby the Special Judge, SC/ST Act, Gorakhpur has rejected the bail application no. 816 of 2025 of the appellant in Case Crime No. 585 of 2024, under sections 70(1), 351(3), 352 of BNS and 3(2)(v), 3(1)da, dha of SC/ST Act, P.S. AIIMS, District Gorakhpur. 2. Heard learned counsel for the appellant, Sri Maan Singh, learned counsel holding brief of Sri Pradeep Kumar Singh, learned counsel for respondent no. 2 as well as the learned AGA and perused the entire record. 3. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. It is further submitted that the victim is major woman aged about 32 years having three children. It is further submitted that there is some dispute of money regarding purchasing of a land. The victim refused to undergo for her medical examination. Essential ingredients to constitute the offence under the SC/ST Act are lacking in the matter. 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 06.01.2025 having no criminal history. 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. as well as learned counsel for the informant could not dispute aforesaid factual aspects of the matter. 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, role assigned to the present appellant and the nature of injury, 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 :- 4.8.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad