Neutral Citation No. - 2025:AHC:139092 Court No. - 83 Case :- CRIMINAL APPEAL No. - 4935 of 2025 Appellant :- Mohd Abrar Respondent :- State of U.P. and Another Counsel for Appellant :- Atul Srivastava,Mohd. Farooq Counsel for Respondent :- Aditya Gupta,G.A.,Harsh Vardhan Gupta Hon'ble Shekhar Kumar Yadav,J. 1. Heard learned counsel for the appellant, 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 appellant- Mohd. Abrar to set aside the order dated 09.05.2025 passed by Additional Sessions Judge/ Special Judge (S.C./S.T. Act), Shamli in Bail Application No. 551 of 2025 (Mohd. Abrar Versus State of U.P.) related to Case Crime No. 62 of 2025, under Sections 105 B.N.S. and Section 3(2)(V) S.C./S.T. Act and Section 34(2) of National Medical Commission Act, 2019 Police Station- Thana Bhawan, District- Shamli with a further prayer to release the appellant on bail in the aforesaid case crime. 3. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. The appellant is only director of the hospital. He is neither doctor nor has done the alleged operation. The appellant has no concern with the alleged incident. He submits that as per confessional statement of the appellant, the alleged operation was done by co-accused Dr. Dilshad and Dr. Abdul Karim. The appellant is languishing in jail since 17.3.2025 having no 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 counsel for the informant and learned A.G.A. have opposed the prayer for bail. 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 hereby set-aside. 8. Let the appellant- Mohd Abrar, 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 :- 14.8.2025 // Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad