Neutral Citation No. - 2025:AHC:83546 Court No. - 80 Case :- CRIMINAL APPEAL No. - 6091 of 2024 Appellant :- Kapil Respondent :- State of U.P. and Another Counsel for Appellant :- Amarjeet Choudhary,Sangam Singh,Sanjay Kumar Sharma Counsel for Respondent :- G.A.,Vikas Mishra Hon'ble Nalin Kumar Srivastava,J. 1. Counter affidavit filed today by learned counsel for the opposite party no. 2 is taken on record. 2. Heard learned counsel for the appellant, learned A.G.A. for the State and learned counsel for the opposite party no. 2 and perused the record. 3. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as SC/ST Act) has been preferred by the appellant Kapil with the prayer to set aside the bail rejection order dated 20.05.2024 passed by the Special Judge (SC/ST Act), Moradabad and release him in Case Crime No. 69 of 2024, under Sections 323, 307, 504, 34 I.P.C., Section 3/25/27 Arms Act and Section 3(1)da, 3(1)dha, 3(2)(va) SC/ST Act, Police Station Chhajlet, District Moradabad. 3. The prosecution case as unfolded in the F.I.R. in brief is that on 29.03.2024 at about 7.00 P.M. the present accused appellant called the victim Mohit and took him to the field and subsequently in the night at about 9.28 P.M. the victim told his brother that he had received gun shot injury and was going to hospital. On this information, the informant came to the hospital and started treatment of his brother. After treatment, his brother Mohit told him that that accused Kapil had taken him to field and there co- accused Amit was also present. Both of them committed marpeat with him and and when he protected himself, the present appellant got fired upon him and he sustained gun shot injury. F.I.R. was lodged and after investigation, charge sheet has been submitted. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent, he has not committed the alleged offence but he has been falsely implicated in this case. Alleged offences are not attracted against him. It is further submitted that essential ingredients to constitute an offence under SC/ST Act are completely missing. It is further submitted that the alleged recovery of country made pistol on the pointing out of the present appellant is false and concocted story. It is next submitted that the injured in his statement given to the Investigating Officer stated that he was taken to the hospital after receiving the injuries caused by the present appellant. It is also submitted that medical report does not corroborate the prosecution version. It is next submitted that the appellant has no motive to commit the alleged offence. It is also submitted that besides this case, one other case is pending against him and the said criminal history has been explained. It is also submitted that the prosecution story is not plausible because the injured at one stage states that the present accused appellant caught hold his hand and at the second stage he states that fire was made upon him by the present accused appellant. It is also submitted that the appellant is languishing in jail since 05.04.2024. The Court concerned 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. 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. 5. On the other hand, learned AGA as well as learned counsel for the opposite party no. 2 opposed the appeal and it has been submitted that the injured in his statement has made categorical statement that the injury was caused to him by a fire made by the present accused appellant. Although he further states that the present appellant took him to hospital but this cannot affect the fact of inflicting gun shot injury upon him. It is further submitted that medical report completely corroborates the prosecution story and the doctor has opined that gun shot injury was caused near the chest part of the body. It is next submitted that the country made pistol was recovered on the pointing out of the appellant. It is also submitted that the injured was admitted in the hospital about ten days. 6. 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. 7. Having regard to the facts and circumstances of the case and keeping in view the gravity of the offence, evidence, complicity of the accused, role of the appellant, particularly keeping in view of the statement made by the injured, this Court is of the opinion that no ground for bail is made out and the appeal deserves to be dismissed. 8. Accordingly, the appeal is dismissed. Order Date :- 19.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad