Neutral Citation No. - 2025:AHC:35050 Court No. - 82 Case :- CRIMINAL APPEAL No. - 9528 of 2024 Appellant :- Gulab And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Narendra Kumar Singh Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellants-Gulab and Lala against the bail rejection order dated 12.09.2024 passed by the Special Judge SC/ST Act, Jaunpur who are under custody in Case Crime No. C-9 of 2003, under Sections 147, 323, 325, 504, 506, 34 IPC & Section 3(1)(X) of SC/ST Act, Police Station Barsathi, District Jaunpur. 2. Heard learned counsel for the appellants and learned AGA and perused the entire record. 3. It is submitted by the learned counsel for the appellants that the appellants are innocent and have been falsely implicated in this case. They have not committed the present offence. Alleged offences are not attracted against them. Essential ingredients to establish an offence under SC/ST Act are also missing in this case. It is further submitted that the present case belongs to the year 2003 and both the appellants were on bail but since they are poor persons they went to a distant place to earn their livelihood. It is also submitted that further they were informed by their counsels that the case has now been finished and they need not come to the court and that was the reason they remained absent for a period of about seven years. Subsequently, they came to know about the pendency of trial but meanwhile coercive process was issued against them by the court concerned and the police arrested them and produced before the court concerned and now for a period of about seven months they are languishing in jail. They are now ready and willing to comply with all the conditions of bail and if bail is granted to them they further undertake to assist the trial. 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. 4. Per contra, learned A.G.A. could not dispute the factual aspect of the matter. 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 appellants have 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. 7. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellants is, hereby, set-aside. 8. Let the appellants-Gulab and Lala involved in Case Crime No. C-9 of 2003, under Sections 147, 323, 325, 504, 506, 34 IPC & Section 3(1)(X) of SC/ST Act, Police Station Barsathi, District Jaunpur 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 appellants will not tamper with the evidence during the trial. (ii) The appellants will not pressurize/ intimidate the prosecution witness. (iii) The appellants will appear before the trial court on the date fixed, unless personal presence are exempted. (iv) The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. (v) The appellants 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 them 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 :- 10.3.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad