Neutral Citation No. - 2025:AHC:123984 Court No. - 83 Case :- CRIMINAL APPEAL No. - 9975 of 2024 Appellant :- Angad Rai Respondent :- State of U.P. and Another Counsel for Appellant :- Gyanendra Prasad Mahant 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) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant Angad Rai with the prayer to set aside the order dated 10.06.2024 passed by Special Judge, SC/ST (P.A.) Act, Ghazipur in S.S.T. No. 02 of 2014 arising out of Case Crime No. 1202 of 2009, under sections 323, 504, 506 I.P.C. and Section 3(1)(X) SC/ST (P.A.) Act, Police Station-Kotwali, District Ghazipur convicting and sentencing the appellant under section 323 I.P.C. for one year simple imprisonment, under section 504 I.P.C. for two years simple imprisonment and under section 506 I.P.C. for two years simple imprisonment, under section 3(1)(X) SC/ST (P.A.) Act, 1989 for five years imprisonment and imposing fine of Rs. 10,000/- and in case default of payment of fine further one month simple imprisonment. 3. 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. No specific role has been assigned to the present applicant in this case. It is further submitted that a charge under section 325 I.P.C. was also framed against the applicant but the trial court after scrutinizing the medical report, came to the conclusion that no fracture was caused to the injured in this case and the injuries caused to the injured are simple in nature, recorded acquittal of the applicant for the offence under section 325 I.P.C. It is further submitted that criminal history assigned to the applicant has properly been explained by him. A copy of detention certificate relating to the applicant is also on record, which was sent by Jail Superintendent, District Jail, Ghazipur dated 07.07.2025, which shows that he has already undergone about a period of 1 year, four months and prayer for grant of bail and suspension of sentence has been prayed for. Appellant is in jail since 13.03.2023. It is lastly submitted that the impugned order suffers from infirmity and illegality warranting interference by this Court. 4. 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 10.06.2024. 5. 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. 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. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is to be allowed. 7. Accordingly, the appeal is allowed and the impugned order is, hereby, set-aside. 8. Let the above named appellant involved in the aforesaid crime 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. 9. 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 :- 25.7.2025 Vibha Singh Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad