HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 6860 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant, Shri Vinod Kumar Bhartiya, 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 with the prayer to allow the appeal, set aside the bail rejection order dated 23.7.2025 passed by Additional Session Judge, Court No.14, Prayagraj and to release the appellant on bail in Case Crime No.264/2016 under Section 452, 308, 383, 323, 504, 506, I.P.C. and Sections 3(2)(Va), 3(1)(dha) of the SC/ST Act, Police Station- Sarai Inayat, District - Prayagraj. 3. Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in this case due to enmity between the parties which had arisen out of a dispute regarding construction of a boundary wall. Above dispute was shown to have occurred a week's ago before alleged occurrence. Informant and his mother have alleged that they suffered injuries due to the assault caused by the appellant. However, injuries sustained by them are simple in nature. Mother of informant was examined seven days after the alleged occurrence. It was submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. Therefore, the appellant is entitled to bail. Versus Counsel for Appellant(s) : Abhinav Pratap Singh, Dheeraj Kumar Singh Counsel for Respondent(s) : Dheeraj Singh, G.A., Shashi Ranjan Srivastava, Vinod Kumar Bhartiya Ashish Pandey .....Appellant(s) State of U.P. and Another .....Respondent(s) 4. Learned A.G.A. for the State and the learned counsel for the informant have vehemently opposed the prayer and have submitted that the appellant is habitual offender and he committed offence through a gang of 20 - 25 members. Informant-Pankaj has suffered serious injuries on his head. His parietal bone was found fractured. Therefore, he is not entitled for bail. 5. I have considered the rival submissions so made and have gone through the entire record. 6. 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. 7. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. Pending application, if any, shall stand disposed of. 8. Let the appellant Ashish Pandey involved in Case Crime No.264/2016 under Section 452, 308, 383, 323, 504, 506, I.P.C. and Sections 3(2)(Va), 3(1)(dha) of the SC/ST Act, Police Station- Sarai Inayat, District - Prayagraj, 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, CRLA No. 6860 of 2025 2 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. 9. 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 7, 2025 SK CRLA No. 6860 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad