HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 5219 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellants and learned A.G.A. for the State and perused the record. Despite service none is present on behalf of opposite party no. . 2. Learned AGA has filed counter affidavit today and is taken on record. 3. This criminal appeal has been filed by the learned counsel for the appellant under Section 14-A (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the impugned order dated 22.05.2025 passed by Special Judge, SC/ST (P.A.) Act, Shamli in Bail Application No. 821 of 2025, arising out of Case Crime No. 40 of 2025, under Sections 191(2), 126(2), 115(2) and 118(2) of BNS and Section 3(2)(v) of SC/ST Act, P.S. Babri, District Shamli. 4. As per prosecution case, the appellant along with other named and unnamed persons physically assaulted the complainant as a result of which the teeth of the complainant were broken. 5. Learned counsel for the appellant submits that the appellant-applicant has been falsely implicated in the present case. It is contended by learned counsel for the appellant-applicant that as per medical only one injury in the nature of incised wound but it has not been specified that out of five accused persons who has caused the said injury. It is further submitted that accused Amar has already been granted bail by this court vide order dated 4.08.2025 passed in Criminal Misc Bail Application No. 25693 of 2025. It is further submitted that appellant is in jail since 09.05.2025. Versus Counsel for Appellant(s) : Akash Pundir, Pawan Singh Pundir Counsel for Respondent(s) : G.A. Ankur Kashyap And Another .....Appellant(s) State of U.P. and Another .....Respondent(s) 6. On the other hand, learned AGA has opposed the prayer for bail, but could not dispute the said fact. 7. 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. 8. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, 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. 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. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 10. Let the appellants Ankur Kashyap and Ankit, involved in the 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 cooperate with the prosecution during trial. (ii) The appellants will not tamper with the evidence during trial. (iii) The appellants will not pressurize/intimidate the prosecution witness(es). (iv) The appellants shall not commit an offence. (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. (vi) The appellants shall remain present before the trial court on each date fixed, either personally or through counsel. CRLA No. 5219 of 2025 2 (vii) The appellants will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellants shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the competent Court. 12. As this order relates to enlargement of the appellants on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. September 15, 2025 RavindraKSingh CRLA No. 5219 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad