HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7493 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. 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 31.7.2025 passed by learned Additional District and Sessions/Special Judge SC/ST (P.A.) Act, Siddharth Nagar in Bail Application No. 791 of 2025 (Vijay Kumar Upadhyay vs. State of U.P.) arising out of Case Crime No.24 of 2025, under Sections 87, 64, (2) M, of BNS and Section 3(2)(v) of SC/ST Act, Police Station Shohratgarh, District Siddharth Nagar and also prayed to release him on bail. 2. Heard learned counsel for the appellant and Sri Alauddin learned counsel for the opposite party no. 2 as well as learned AGA for the State and perused the entire record. 3. 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. The appellant is not named in FIR his name came into light after 25 days during the investigation. The medical report does not support the prosecution story. It has further been submitted by the learned counsel for the appellant that co-accused Vinay Pandey has already been granted bail by this Court vide order dated 26.8.2025 passed in Criminal Appeal No.4540 of 2025, copy of bail order has been placed on record, since the co-accused has already been granted bail, the accused appellant is also Versus Counsel for Appellant(s) : Vijay Prakash Chaturvedi Counsel for Respondent(s) : G.A. Vijay Kumar Upadhyay .....Appellant(s) State of U.P. and Another .....Respondent(s) entitled for bail on the ground of parity. Appellant is languishing in jail since 28.6.2025 The appellant has no criminal history. Further submission is that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 4. On the other hand, learned counsel for the opposite party no. 2 as well as learned A.G.A. opposed the the prayer for bail of the appellant. 5. 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, this Court is of the view that the appellant has made out a case for grant of bail on the ground of parity. 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. 6. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 7. Let the appellant- Vijay Kumar Upadhyay 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 CRLA No. 7493 of 2025 2 to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. 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 15, 2025 A. CRLA No. 7493 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad