Neutral Citation No. - 2025:AHC:131830 Court No. - 83 Case :- CRIMINAL APPEAL No. - 346 of 2025 Appellant :- Preetam Alias Guru Pratapesh Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Shiv Kumar Singh Counsel for Respondent :- G.A.,Ram Raksha Tiwari Hon'ble Shekhar Kumar Yadav,J. 1. Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record. Learned counsel for the respondent no. 2 is also present. 2. This Second criminal appeal has been filed by the learned counsel for the appellant under Section 14-A (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the impugned order dated 23.12.2024 passed by Special Judge, SC/ST (P.A.) Act, Banda in Second Bail Application No. 1664 of 2024, in Case Crime No. 335 of 2022, under Sections 354, 420, 504, 506, 507,406 IPC and Section 3(2)5A of SC/ST Act, P.S. Kotwali Nagar, District Banda. 3. The first Criminal Appeal against the bail rejection order dated 16.7.2022 was heard and disposed of vide order dated 13.09.2022 by this Court. 4. Learned counsel for the appellant submits that the appellant- applicant has been falsely implicated in the present case. It is further submitted that the victim is a married lady. There is inordinate delay in lodging the FIR without any explanation. It is further submitted that as per medical examination report there is no injuries except pain has been marked. It is further submitted that the applicant is in jail since 28.08.2024 and has no criminal history. It is further submitted that there is some money dispute between the applicant and victim due to which he has been falsely implicated in the present case. 5. Learned counsel for the respondent no. 2 as well as learned AGA opposed the bail application. 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, severity of punishment, 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. 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 set-aside. 9. Let the appellant Preetam Alias Guru Pratapesh Kumar, involved in the 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 cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (iv) The appellant shall not commit an offence. (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. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 10. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the competent Court. 11. As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. Order Date :- 5.8.2025 RavindraKSingh Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad