Neutral Citation No. - 2025:AHC:114036 Court No. - 83 Case :- CRIMINAL APPEAL No. - 5911 of 2025 Appellant :- Rinku Alias Sachin Respondent :- State of U.P. and Another Counsel for Appellant :- Hemant Kumar,Piyush Pandey,Sheshmani Yadav Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record. 2. As per instruction received by the learned A.G.A. notice upon the informant has been served. 3. This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant- Rinku Alias Sachin with the prayer to set aside the bail rejection order dated 25.6.2025 passed by the learned Special Judge (SC/ST Act), Meerut in Bail Application No. 3676 of 2025 arising out of Case Crime No. 557 of 2016 under Section 304 I.P.C. & Section 3(2)(V) SC/ST Act, Police Station - Bhawanpur, District- Meerut. 4. The deceased Gajendra, nephew of the informant was crushed by the three accused persons including the present appellant with their tractor no. UP15G5835 and sustained injuries. Accused persons also hurled abuses by caste related remarks as he was a member of SC/ST community. The injured was taken to the hospital. FIR was lodged under Section 308 I.P.C. and Section 3(2) (V) SC/ST Act. However, subsequently the injured died and the matter was converted to Section 304 I.P.C. 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 has not committed the present offence. Alleged offences are not attracted against him. Essential ingredients to establish an offence under SC/ST Act are also missing in this case. It is further submitted that as a matter of fact the present case is a matter of road accident and the informant himself while getting the injured admitted in the hospital has narrated that it was a road accident and this fact finds place in the record of the hospital. It is further submitted that the accident is said to be caused by use of a tractor whereas as per RTO report the said registration number does not belong to any tractor but it is number of scooter which is a serious dent on the prosecution case. 6. It is also submitted that during the inquest proceeding the informant was also very well present there but in the inquest report itself it has been mentioned that it was a case of road accident. It is further submitted that the injuries found on the body of the deceased by the doctor while performing his post mortem reveal that such injuries may not be a result of crushing by tractor rather it appears to be a case of some road accident. It is further submitted that in the entire FIR and the evidence collected by the I.O. in the case diary are unable to show as to who out of the three accused persons was actually driving the motorcycle when the offence was committed. It is further submitted that in the autopsy report made by the doctor it is mentioned that the injured had two stitched wound which shows that he was taken to any other hospital before death but surprisingly the report of hospital namely Manokamna Hospital reveals that no treatment was done in that hospital and the prosecution has not explained as to how stitched wounds were found over the body of the deceased. It is further submitted that all these circumstances show that the prosecution has come with a case containing false and frivolous facts. It is also submitted that the present appellant has no criminal history to his credit. The trial Court while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. Appellant is in jail since 3.6.2025 It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 7. On the other hand, learned AGA opposing the prayer for bail submitted that the appellant committed the present offence having knowledge that the victim belonged to scheduled caste community. There is no infirmity or illegality in the impugned order dated 25.6.2025. 8. 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. 9. 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 trial Court 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 to be allowed. 10. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is, hereby, set-aside. 11. Let the above named appellant involved in the aforesaid crime be released on bail on furnishing a personal bond and two heavy 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. 12. 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 :- 15.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad