HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4596 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. Ref: Criminal Misc. Bail Application No.01 of 2025 1. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the bail rejection order dated 06.05.2025 passed by Special Judge (SC/ST Act)/Additional Sessions Judge, Ballia in Bail Application No.924 of 2025 arising out of Complaint Case No.419, 420, 406 IPC and Section 3(1)(X) of SC/ST Act, Police Station Dubhar, District Ballia. 2. Heard learned counsel for the appellant, the learned AGA for the State- respondent no.1, learned counsel for the respondent no.2 and perused the entire record. 3. Submission of learned counsel for the appellant is that the appellant is innocent and has been falsely implicated in this case. The appellant has not committed any offence as alleged in the impugned complaint case. Further submission is that the prosecution story is totally false and fabricated. It is a complaint case. The complainant has filed an application under Section 156 (3) Cr.P.C. for loding the FIR but the court below treated the application as complaint case and on the basis of statement of complainant and witnesses under Sections 200 and 202 Cr.P.C., the appellant has been summoned and appellant has surrendered before the court below and filed bail application on 29.04.2025 and the court below granted interim bail to the appellant upto 05.05.2025, thereafter, the opposite party no.2 appeared before the court below and after hearing the parties, the court below rejected the bail Versus Counsel for Appellant(s) : Dhirendra Kumar Srivastava Counsel for Respondent(s) : G.A., Ram Kirshna Yadav Awadhesh Pandey .....Appellant(s) State of U.P. and Another .....Respondent(s) application of the appellant on 06.05.2025. Further submission is that prior to initiation of instant complaint case, a civil suit for cancellation of suit has already been filed by the appellant, which is still pending. The dispute is purely civil in nature but the complainant has filed the impugned complaint case giving criminal colour just to create pressure upon the appellant. Further submission is that essential ingredients to constitute the offence under the SC/ST Act are also lacking in the matter. Appellant is languishing in jail since 06.05.2025 having no previous criminal history. Further submission is 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 respondent no.2 vehemently opposed the the prayer for bail of the appellant. 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, 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 hereby set-aside. 8. Let the appellant-Awadhesh Pandey, involved in aforesaid complaint 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 CRLA No. 4596 of 2025 2 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. September 24, 2025 RPD CRLA No. 4596 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad