Court No. - 80 Case :- CRIMINAL APPEAL No. - 4991 of 2024 Appellant :- Vinod Respondent :- State of U.P. and Another Counsel for Appellant :- Digvijay Singh Counsel for Respondent :- G.A.,Nirbhay Singh Hon'ble Nalin Kumar Srivastava,J. 1. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as SC/ST ACt) has been preferred by the appellant Vinod with the prayer to set aside the bail rejection order dated 09.04.2024 passed by the Special Judge (SC/ST Act), Kasganj in Case Crime No. 857 of 2017, under Sections 420, 504, 506 I.P.C. and Section 3(1)(y)(c) SC/ST Act, Police Station Kasganj, District Kasganj. 2. Heard learned counsel for the appellant, the learned AGA for the State as well as learned counsel for the opposite party no. 2 and perused the entire record. 3. It is submitted by the learned counsel for the appellant that the appellant is innocent, he has not committed the alleged offence but he has been falsely implicated in this case. It is further submitted that appellant was earlier granted bail and he was regularly appearing before the trial court but suddenly on 17.8.2021 he did not appear before the court. He was absconding for more than two and half years and non-bailable warrant and process under Section 82 Cr.P.C.were issued against him. It is next submitted when he came to know about the non-bailable warrant and process under Section 82 Cr.P.C., he surrendered before the trial court on 05.03.2024 and he was sent to jail. It is next submitted that in connection with employment the appellant went to Gujrat and did not appear before the court due to Covid-19. It is also submitted that criminal history of one case has been explained. It is also submitted that the appellant is languishing in jail since 05.03.2024 for more than one year. 4. On the other hand, learned AGA as well as learned counsel for the opposite party no. 2 opposed the prayer for bail and it has been submitted that present appellant belonged to State of Rajsthan. He is absconder and in case he is released on bail, he will not appear before the court and will cause unnecessary delay in disposal of trial. 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 of the appellant, incarceration period of more than one year, this Court is of the opinion that the appellant has made out a case for bail. The Court concerned 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 appellant Vinod involved in the aforesaid case crime number be released on bail on furnishing a personal bond and two local 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. 10. The learned trial court is directed to make all endeavour for expeditious disposal of the trial without granting unnecessary adjournment to either of the parties. Order Date :- 5.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad