JUDGMENT :

Rahul Chaturvedi, J.

1. Heard Sri Manish Gupta, learned counsel for the appellant, Sri M.S. Arya, Advocate connected virtually from Delhi assisted by Sri Arvind Kumar, learned counsel for the complainant as well as Sri Satendra Tiwari, learned A.G.A for the State and perused the record.

2. This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed for setting-aside the impugned order dated 15.09.2021 passed by learned Special Judge, SC/ST Act/Additional Session Judge, Gorakhpur in Bail Application No. 4107 of 2021, arising out of Case Crime no.291 of 2021, under Sections 302 , 307, 506, 120B IPC I.P.C. and Section 3(2)(V) of SC/ST Act, Police Station-Gola, District-Gorakhpur.

3. Pleadings between the parties have been exchanged and the matter is ripe for final submissions.

4. Submission made by the learned counsel for the applicant drawing the attention of the Court to the FIR lodged by Anis Kumar for the incident dated 24.07.2021 the present FIR was lodged on 25.07.2021 at 2.45 hours against as many as 17 named accused persons and four persons on two motorcycles.

5. The long and short of the entire prosecution case is that the informant's younger brother was Gram Panchayat Adhikari posted at Block Urwa, Gorakhpur. He belongs to schedule caste community. During his training period he has developed some amount of intimacy with his course-mate Ms. Dipti Mishra. Negating all odds and objection of the family members and other friends and relatives, they have decided and have performed, registered marriage and started residing as husband and wife. This marriage have raised eye brows of all family members of Dipti Mishra. All of them got infuriated and started waiting for the time to eliminate Anis Kumar (the deceased). After hatching the conspiracy on 24.07.2021 when the deceased went to market around 9-10 a.m. alongwith his uncle Devi Dayal, he was ambushed by two motorcycle riders and they have assaulted upon Anis Kumar with sharp edged weapon and making Devi Dayal (uncle) seriously injured. Anis Kumar was taken to hospital where he declared dead by the doctors. It has further mentioned in the FIR that informant has firm belief that the named accused persons have hatched the conspiracy and eliminated his brother. The informant further alleged that Abhishek Tiwari and Vivek Tiwari and Sanni Singh (applicant) on account of their previous enmity have actively participated in this offence and thus have facilitated them to commit this cold blooded, day light murder of Anis Kumar

6. Sri Manish Gupta, learned counsel for the applicant at the outset has submitted that out of 17 named accused persons:-1-Nalin Mishra, 2-Manikant Mishra, 3-Ajay Mishra, 4-Abhishek Tiwari and 5-Vivek Tiwari were admitted on bail by the coordinate Bench of this Court on 17.12.2021 after allowing their respective appeals. It is contended by the counsel that the case of the applicant stand on much better footing than that of close relatives of Dipti Mishra who were said to have been involved in this case. It is further submitted by Sri Manish Gupta, learned counsel for the applicant that from the FIR it is clear that a casual remark in the last lines of the FIR has been made that on account of previous animosity and the name of the applicant have been purposely dragged. The applicant has got no connection or motive in committing the crime. The applicant-Sanni Singh has not emotional bonding with Dipti Mishra nor he is a family member and this theory floated by prosecution that this is case of 'HONOUR KILLING' goes hay wire.

7. Per contra Sri M.S.Arya connected through virtual mode from Delhi vehementally opposed the bail application by advancing submission that on the earlier occasion, the informant of the present FIR Anil Kumar in the year 2020 has lodged an FIR as case crime no. 138 of 2020 on 07.05.2020 under Sections 147, 323, 504, 506, and 3(1)(Da)(Dha