Shivji Gond vs State of U.P. and Another

The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Shivji Gond to set aside the bail rejection order dated 20.11.2025 passed by Additional Session Judge/Special Judge SC/ST (P.A.) Act, Ghazipur in Special Session Trial No.702 of 2025, under Sections 366, 504, 506 IPC and Sections 3(1)(r)(s) of SC/ST Act, P.S.Karimuddinpur, District- Ghazipur with a further prayer to enlarge the appellant on bail in the aforesaid case.

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Learned counsel for the appellant submits 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. The appellant and opposite party no.2 are family members. There is some money dispute between the parties. He submits that the other co-accused persons have been granted bail by the trial Court. He further submits that the impugned order rejecting the bail application of the appellants suffers from infirmity and illegality warranting interference by this Court. Appellant is languishing in jail since 13.11.2025 having no criminal history.

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On the other hand, learned AGA as well as learned counsel for the

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CRLA No. 11683 of 2025

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2

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informant have opposed the application for bail but could not dispute the submission raised by learned counsel for the appellant.

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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.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside.

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Let the appellant- Shivji Gond , 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.

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(i) The appellant will not tamper with the evidence during the trial.

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(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.

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(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.

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(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.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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(Shekhar Kumar Yadav,J.)

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February 5, 2026

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Krishna*

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Shivji Gond v. State of U.P. and Another

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Shivji Gond v. State of U.P. and Another

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