Neutral Citation No. - 2025:AHC:96245 Court No. - 44 Case :- CRIMINAL APPEAL No. - 5030 of 2025 Appellant :- Ankur Alias Anku Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Satyendra Pandey Counsel for Respondent :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the appellant and learned A.G.A. representing the State-respondent No. 1 as well as learned counsel for the private respondent no.2 (first informant). 2. Instant criminal appeal under Section 14-A(1) of S.C./S.T. (P.A.) Act, 1989 has been preferred on behalf of the appellant assailing the order dated 03.05.2025 passed by Special Judge (S.C./S.T.) (P.A.) Act, Gorakhpur rejecting the Bail Application No. 2069 of 2025 (Ankur @ Anku Yadav versus State of U.P.) arising out of Case Crime No. 452 of 2024 under Sections 115(2), 352, 351(3), 310(2) B.N.S. & 3(2)(v), 3(2)(va), 3(1)(R) & 3(1)(S) of S.C. & S.T. (P.A.) Act, 1989, Police Station-Gola, District-Gorakhpur. 3. As per F.I.R. version, on 27.07.2024 at about 4.30 p.m., while the first informant was making Youtube videos, towards the west of Chilwa Bridge, some unknown persons who are 20-25 in numbers including the named six accused as mentioned in the F.I.R. arrived at the spot with lethal arms and beaten him up. They hurled abusive language upon him and threatened him for life. Ankit and Abhishek were beaten up as well. They have stolen mobile and camera from the four wheeler. 4. It is submitted that false and malicious prosecution has been instituted against the present appellant showing the date of incident 27.07.2024 whereas no such incident took place. Owing to political antipathy in village, present applicant has been implicated in the present F.I.R. It is next submitted that investigation against the applicant is still going on and no chargesheet has been filed against him. Counsel for the appellant has laid emphasis on two orders dated 02.01.2025 passed by this Court in Criminal Appeal No. 9641 of 2024 (Gulam Kadir Alias Vishal versus State of U.P. and Another) and Criminal Appeal No. 11264 of 2024 (Ajay Pandey versus State of U.P. and Another), whereby co-accused Gulam Kadir and Ajay Pandey have been set free who are also named in the F.I.R. It is submitted that general allegations has been made against all the accused including unknown persons without attributing any particular role to any particular person. 5. Learned counsel for the respondent no. 5. Learned counsel for the respondent no. 2 has vehemently opposed the bail application. However, admitted the bail order dated 02.01.2025 granted by this Court in favour of two co- accused namely, Gulam Kadir Alias Vishal and Ajay Pandey. 6. Having considered the rival submissions advanced by the learned counsel for the parties and perusal of record, it is manifest that general allegations have been levelled against all the named persons including 20 unknown persons without attributing any particular role to the present applicant. Two accused, named in F.I.R. on common footing, have already been granted bail by this Court. 7. Considering the complicity of the present appellant in totality of facts and circumstances of the present case coupled with the submission advanced by the counsel for the parties and the documents on board, without expressing any opinion on the merits of the present case, in my considered opinion, at this stage, prima facie, case is made out to grant bail to the present appellant. As such, instant appeal is allowed and the impugned order dated 03.05.2025, rejecting the bail application, is set aside. 8. Let the present appellant Ankur Alias Anku Yadav involved in Case Crime No. 452 of 2024 under Sections 115(2), 352, 351(3), 310(2) B.N.S. & 3(2)(v), 3(2)(va), 3(1)(R) & 3(1)(S) of S.C. & S.T. (P.A.) Act, 1989, Police Station-Gola, District- Gorakhpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the authority 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 and cooperate in investigation. (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 :- 10.6.2025 SY Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad