HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 6316 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard Mr. Ram Jatan Yadav, learned counsel for the appellant and learned AGA as well as perused the entire record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Yogendra Singh to set aside the bail rejection order dated 01.07.2025 passed by Additional Sessions Judge/Special Judge (S.C./S.T. Act), Agra in Criminal Misc. Bail Application No. 3075 of 2025 (Yogendra Singh Vs. State of U.P.) arising out of Case Crime No. 65 of 2025, under Sections 105 B.N.S. and Section 3(2)v of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (Amendment 2015), Police Station- Fatehpur Sikri, District- Agra with a further prayer to release the appellant on bail during the pendency of the trial before court below. 3. As per prosecution story, the informant lodged the impugned FIR against the appellant alleging therein that informant's husband namely Kitab Singh aged about 40 years was went alongwith Tampo on 26.03.2025 who driving the Tampo and the appellant has hit on the chest of informant's husband due to transaction of money at Blue Haivin Hotel Shakuli Fatehpur Sikri and thereafter hit to him inside of road. It is also alleged that due to said injuries, the deceased become serious and during treatment he died. 4. Learned counsel for the appellant is that the appellant submits that the appellant is innocent and has been falsely implicated in this case. The appellant has not committed any offence as alleged in the impugned FIR. He Versus Counsel for Appellant(s) : Ram Jatan Yadav Counsel for Respondent(s) : G.A. Yogendra Singh .....Appellant(s) State of U.P. and Another .....Respondent(s) further submits that there is no motive against the appellant to commit the allege incident and there is no incriminating article has been recovered from the possession or pointing out of the appellant. There are major contradiction in the FIR and statement of the informant as well as witnesses. Post-mortem report also does not support the prosecution story. Learned counsel for the appellant further submits that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. Appellant is languishing in jail since 29.3.2025 having no criminal history. 5. On the other hand, learned A.G.A. has opposed the prayer for bail. 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 nature of the offence, evidence, complicity of the accused, role assigned to the present appellant 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 of the appellant. 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. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 9. Let the appellant- Yogendra Singh, involved in 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 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. CRLA No. 6316 of 2025 2 (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. 10. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 23, 2025 Krishna* CRLA No. 6316 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad