HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7342 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard Mr. Akash Sharma, learned counsel for the appellant, Mr. Ranjeet Singh, learned counsel for the informant 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- Shamim Khan to set aside the bail rejection order dated 02.06.2025 passed by the court of Special Judge, (S.C./S.T. Act), Banda in Bail Application No.690/2025 arising out of Case Crime No.24 of 2025, under Sections 103(1), 127(2), 3(5) of B.N.S., 3(2) (V) of SC/ST Act & 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, P.S.- Pailani, District- Banda 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 his son was having a love affair with daughter of Mohammad Husain since the last two years. Mohammad Husain solemnized his daughter's marriage in the month of December 2024 in Banda, at the time informant's son was out. It is further alleged that on 17.02.2025 informant's son was sleeping next to him got up at night, went to meet Mohammad Husain's daughter at her house, her mother, her sister and her uncle caught informant's son and beaten due to which informant's son received serious injuries and during treatment he died. Versus Counsel for Appellant(s) : Akash Sharma Counsel for Respondent(s) : G.A., Ranjeet Singh Shamim Khan .....Appellant(s) State of U.P. and Another .....Respondent(s) 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 further submits that it is counterblast case. As per FIR, statement of the witnesses as well as dying declaration of the deceased, no offence is made out against the appellant. He further submits that on the date of incident appellant's side also lodged an FIR under Sections 333 & 103(1) BNS against son of the informant. Learned counsel for the appellant further submits that FIR lodged by the appellant is the first FIR against the opposite party no.2 thereafter, the second FIR was lodged by the opposite party no.2 against the appellant. As per statement of the witnesses recorded under Section 180 BNSS, no such role as alleged in the impugned FIR, has been assigned to the appellant. He 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. 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 19.2.2025 having no criminal history. 5. On the other hand, learned counsel for the informant as well as learned A.G.A. have 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 CRLA No. 7342 of 2025 2 the bail application of the appellant is hereby set-aside. 9. Let the appellant- Shamim Khan, 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. (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 24, 2025 Krishna* CRLA No. 7342 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad