Neutral Citation No. - 2025:AHC:37295 Court No. - 80 Case :- CRIMINAL APPEAL No. - 10185 of 2024 Appellant :- Anmol Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Rajeev Giri,Sudarshan Singh,Vishal Kumar Kushwaha 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 appellant - Anmol Singh with the prayer to set aside the bail rejection order dated 3.9.2024 passed by the Special Judge (SC/ST Act), Bareilly and release the appellant on bail in case crime no. 332 of 2024 under Sections 363, 366 IPC and 3(1) (Da), 3(1)(Dha), 3(2)(V) and 3(2)(Va) of SC/ST Act, P.S. Faridpur, District Bareilly. 2. Heard learned counsel for the appellant as well as the learned AGA and perused the entire record. 3. In compliance of the directions given in the order dated 28.2.2025, the Investigating Officer of this case is present before the Court and he is identified by the learned AGA. 4. A supplementary counter affidavit duly sworn in by Gaurav Singh, presently posted as Deputy Superintendent of Police, District Bareilly, the Investigating Officer, has been filed today which is taken on record. 5. It has been mentioned in the said affidavit that although during investigation ample evidence was collected by the Investigating Officer for the offence under Sections 363 and 366 IPC but the allegation regarding gang rape was found false that is why no charge sheet was submitted for the offence under Section 376 IPC in the matter. 6. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He has not committed the present offence. Alleged offences are not attracted against him. It is further submitted that the I.O. during investigation collected absolutely no evidence regarding the gang rape. No physical assault was made to the victim of this case nor she was subjected to rape by the present appellant. The victim is residing with her own family members. It is also submitted that essential ingredients to constitute offence under SC/ST Act are completely missing in this case. The appellant is in jail since 6.8.2024. The Court concerned while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 7. On the other hand, learned AGA and learned counsel for the opposite party no.2 / informant opposing the prayer for bail submitted that the appellant committed the present offence having knowledge that the victim belonged to scheduled caste community. There is no infirmity or illegality in the impugned order but however he could not dispute this factual aspect of the matter that no offence of rape was found against the present appellant during investigation. 8. 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. 9. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, the fact that no offence of rape was found against the present appellant during investigation, the Court is of the opinion that the appellant has made out a case for bail. The Court concerned erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same are liable to be set-aside and the appeal is liable to be allowed. 10. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 11. Let the aforesaid appellant involved in the 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 to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 12. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. 13. The personal presence of the Investigating Officer is exempted. Order Date :- 17.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad