HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7320 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. Ref: Criminal Misc. Bail Application No.01 of 2025 1. This is third bail application of the appellant.While rejecting the second bail application, this Court 05.12.2024 directed the court below to conclude the trial within a period of six months from the date of production of certified copy of the order. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the bail rejection order dated 01.08.2025 passed by Special Judge (SC/ST Act) Azamgarh in Bail Application No.3414 of 2025 arising out of Case Crime No.307, 323, 352, 504, 147, 149, 34 IPC and Section 3(1)Da, 3(1) Dha, 3(1)Z and 3(2)5 SC/ST Act, Police station Nizamabad, District Azamgarh. 3. Heard learned counsel for the appellant, the learned AGA for the State-respondent no.1 and perused the entire record. Despite service of notice, none has appeared on behalf of respondent no.2. 4. Submission of learned counsel for the appellant is 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. Further submission is that the prosecution story is totally false and fabricated. Further submission is that despite direction given by this Court while dismissing the second bail application to conclude the trial within six months, trial has not been concluded as yet. According to the charge sheet, there are 20 witnesses but till date no witness has been examined and there is no possibility of early conclusion of trial, hence, the appellant may be enlarged on bail. Appellant is languishing in jail since 23.07.2023 having previous criminal history of one case in which appellant is on bail. Further submission is 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 A.G.A. vehemently opposed the the prayer for bail of Versus Counsel for Appellant(s) : Suneel Kumar Yadav Counsel for Respondent(s) : G.A. Sakib .....Appellant(s) State of U.P. and Another .....Respondent(s) the 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, role assigned to the present appellant and the nature of injury, 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-Sakib, 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 4, 2025 Ajeet CRLA No. 7320 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad