Neutral Citation No. - 2025:AHC:10507 Court No. - 82 Case :- CRIMINAL APPEAL No. - 7919 of 2024 Appellant :- Sonu Yadav Alias Bagi Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Ram Pravesh Yadav,Shashank Kumar Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record. 2. This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Sonu Yadav Alias Bagi Yadav with the prayer to set aside the bail rejection order dated 25.7.2024 passed by the Special Judge (SC/ST Act), Ghazipur in Bail Application No.1285 of 2024. 3. On 29.1.2024 in the evening when the informant and his family members were returning from Civil Court, Mohammadabad then on way the named accused persons along with some other unknown associates came to petrol pump and made an assault upon the informant and his family members with rod, hockey and also hurled abuses for caste related words. The informant and his family members sustained serious injuries. Subsequently on the written report of the informant FIR was lodged and investigation started. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He has not committed the present offence. Alleged offences are not attracted against him. Essential ingredients to establish an offence under SC/ST Act are also missing in this case. It is further submitted that the present accused appellant has no concern with the alleged occurrence. It is also submitted that co-accused Ram Nivas @ Munna Yadav was having some animosity with the informant side in connection with gram pradhan election and on the basis of that the present appellant has been falsely implicated in this case. It is also submitted that none of the injured in his statement under Section 161 Cr.P.C. has assigned any specific role of assault to any of the accused persons including the present appellant. It is also submitted that the medical report does not corroborate the prosecution version. It is also submitted that the criminal history of two cases relating to the present appellant has been well explained. The trial Court 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. Appellant is in jail since 29.6.2024. 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 opposing the prayer for bail submitted that the appellant committed the present offence having knowledge that the victim belonged to scheduled caste community. There is no infirmity or illegality in the impugned order dated 25.7.2024 but however he could not dispute this factual aspect of the matter that the injured persons in their statements have not assigned any specific role of assault to the present appellant. 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 trial Court 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 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 - Sonu Yadav Alias Bagi Yadav involved in Case Crime No. 20 of 2024 under Sections 147, 148, 323, 504, 325, 342, 307, 427, 120-B I.P.C. & Section 3(1)Da, Dha and 3 (2) 5-A SC/ST Act, Police Station - Muhammadabad, District- Ghazipur be released on bail on furnishing a personal bond and two heavy 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. Order Date :- 22.1.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad