HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 5297 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant, learned counsel for the informant and learned AGA for the State. 2. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant - Shankar Singh with the prayer to allow the appeal, set aside the bail rejection order dated 26.05.2025 passed by learned Special Judge SC/ST (PA) Act Kaushambi in Bail Application No. 105 of 2025 (Shankar Singh vs. State of U.P.) in pursuant to Crime No. 35 of 2025 u/s 79, 352, 351(2) BNS & 3(2)5Kg 3(1)Dha SC/ST (PA) Act, Police Station Pashchim Sharira, District Kaushambi. 3. This Court vide order dated 23.9.2025 has directed the I.O. to file his personal affidavit and to appear in person in order to explain why the charge sheet under Information Technology Act was not submitted by him. However, personal affidavit of I.O. was filed by the learned AGA, which reflects that the charge sheet was filed on 18.5.2025, and it is also under the section of Information Technology Act. However, the order vide which the learned Special Court rejected the bail application of the appellant reflects that said bail was not rejected for offences under Information Technology Act. It will be relevant to note that the charge sheet was filed on 18.5.2025, and bail rejection was passed subsequently on 26.5.2025. In the given circumstances, it is not possible to predict that the charge sheet submitted on 18.5.2025 was submitted sans the offence under Information Technology Act merely because the bail rejection order does not consist of the offence under Information Technology Act. 4. The personal affidavit of the I.O. is dispensed with. Versus Counsel for Appellant(s) : Vipin Chandra Lal Counsel for Respondent(s) : G.A., Lakshya Jauhari Shankar Singh .....Appellant(s) State of U.P. and Another .....Respondent(s) 5. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He also submits that all the offences are punishable within five years. 6. Learned A.G.A. has vehemently opposed the prayer. 7. I have considered the rival submissions so made and have gone through the entire record. 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. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 10. Let the appellant Shankar Singh involved in Crime No. 35 of 2025 u/s 79, 352, 351(2) BNS & 3(2)5Kg 3(1)Dha SC/ST (PA) Act, Police Station Pashchim Sharira, District Kaushambi, 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. 11. In case of breach of any of the above conditions, the court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 10, 2025 Ujjawal CRLA No. 5297 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad