Neutral Citation No. - 2025:AHC:26112 Court No. - 83 Case :- CRIMINAL APPEAL No. - 8322 of 2024 Appellant :- Shivam Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Vineet Kumar Singh Counsel for Respondent :- G.A.,Manvendra Kumar,Raj Kiran Chaudhary Hon'ble Ms. Nand Prabha Shukla,J. Heard Sri Vineet Kumar Singh, learned counsel for the appellant, learned counsel for the respondent No. 2 as well as learned A.G.A. for the State and perused the record. The present criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the bail rejection order dated 12.08.2024 passed by learned Additional District & Sessions Judge/Special Judge (SC/ST Act) Siddharth Nagar in Bail Application No. 1348 of 2024 (Shivam Singh vs. State of U.P.) arising out of Case Crime No. 0231 of 2023, under Sections 147, 149, 323, 504, 506, 325, 308 IPC and Sections 3(1)(r)(s) and 3(2)(va) SC/ST Act, Police Station Uska Bazar, District Siddharth Nagar. It has been submitted by learned counsel for the appellant that the similarly placed co-accused Pappu and Vikki alias Vikas Singh have already been enlarged on bail by this Court vide order dated 05.12.2024 passed in Criminal Appeal No.7798 of 2024. It is further submitted that the dispute is mainly civil in nature which has been given a criminal colour. It has been submitted that a civil suit is already pending between the parties and the FIRs have been lodged from both the sides. In the present FIR, four persons have been injured and out of which three have sustained simple injury and the fourth injured Deepak were referred for x-ray of skull and OPG. As per the C.T. Scan Report, no abnormality has been found. It has been asserted that the date and place of the incident is same and there is a cross version of the said incident and it needs to be determined as to who was the aggressor. The appellant is languishing in jail since 24.07.2024. The appellant has criminal history of four cases which have been explained in paragraph no.36 of the appeal. It is lastly submitted that the impugned order rejecting the bail application of the appellants suffers from infirmity and illegality warranting interference by this Court. Per contra, learned A.G.A. and learned counsel for the opposite party no.2 opposed the prayer for bail but could not dispute the aforesaid facts. 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. 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 no.1 has made out a case for bail. The Court below 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. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside in respect of appellant Shivam Singh. Let the appellant Shivam Singh involved in Case Crime No. 0231 of 2023, under Sections 147, 149, 323, 504, 506, 325, 308 IPC and Sections 3(1)(r)(s) and 3(2)(va) SC/ST Act, Police Station Uska Bazar, District Siddharth Nagar 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. 1. The appellant will not tamper with the evidence during the trial. 2. The appellant will not pressurize/intimidate the prosecution witness. 3. The appellant will appear before the trial court on the date fixed, unless personal presence are exempted. 4. The appellant shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which he is suspected. 5. 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. 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 :- 24.2.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad