Neutral Citation No. - 2025:AHC:139054 Court No. - 83 Case :- CRIMINAL APPEAL No. - 4983 of 2025 Appellant :- Shahid Khan And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Farhan Khan Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Heard learned counsel for the appellants, learned counsel for the informant and learned AGA as well as perused the entire record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellants- Shahid Khan, Firoz Khan and Mohd. Wakeel to set aside impugned order dated 30.4.225 passed by Additional Sessions Judge/Special Judge, S.C./S.T. (Prevention of Atrocities) Act, Basit, passed in Bail Application No.639 of 2025 and further to release the appellants on bail Case Crime No. 143 of 2025, under section 190, 191(2), 333, 115(2), 352, 351(2), 324(2), 109, B.N.S. and Section 3(2)(V), 3(2)(5A) SC/ST Act, Police Station- Kotwali, District- Basti. 3. As per prosecution story, the informant lodged the impugned FIR on 18.4.2025 stating therein that on 17.04.2025 one Sufiyan/co-accused was crossing in front of her house by his motorcycle with high speed on which her son, namely, Amit Kumar asked him to ride slowly it is narrow street, after which Sufiyan stated abusing and called appellants and entered her house with sharp rod and knife attacked with intention to kill them resulting which her sons got injured and appellants and co-accused have also damaged some house hold objects of her house and while returning they abused and threatened not to inform police about incident. 4. Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in this case. The appellants have not committed any offence as alleged in the impugned FIR. He submits that the alleged incident is said to have taken place on 17.4.2025 whereas the FIR has been lodged after due deliberation and consultation on 18.4.2025 after one day of the alleged incident but no plausible explanation regarding delay has been mentioned. As per injury report, injuries are simple in nature. Appellants are languishing in jail since 18.4.2025 having no previous criminal history. He further submits that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 5. On the other hand, learned A.G.A. has opposed the prayer for bail. 6. 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. 7. 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 appellants and the nature of injury, the Court is of the opinion that the appellants have made out a case for bail. The Court below erred in rejecting the bail application of the appellants. 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. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellants is hereby set-aside. 9. Let the appellants- Shahid Khan, Firoz Khan and Mohd. Wakeel, 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 appellants will not tamper with the evidence during the trial. (ii) The appellants will not pressurize/ intimidate the prosecution witness. (iii) The appellants will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellants 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 appellants 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. 10. 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 :- 14.8.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad