Neutral Citation No. - 2025:AHC:118236 Court No. - 83 Case :- CRIMINAL APPEAL No. - 10382 of 2024 Appellant :- Shiv Babu Sahu Respondent :- State of U.P. and Another Counsel for Appellant :- Neeraj Kumar Srivastava,Sunil Prakash Anand Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Appellant - Shiv Babu Sahu has filed this appeal under Section 14-A(2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 challenging the order dated 1.10.2024 passed by Special Judge, (SC/ST Act), Allahabad, whereby his application under Section 439 Cr.P.C. for regular bail, during pendency of trial in Case Crime No.41 of 2024, under Sections 376D, 504, 506, 34 I.P.C., Section 67 Information Technology Act and Section 3(2)(v) of the SC/ST Act, Police Station George Town, District Prayagraj has been dismissed. 2. Heard learned counsel for the appellant as well as the learned AGA and perused the record. However, none is present for the opposite party no.2 despite service of notice. 3. Learned counsel for the appellant has argued that the complainant - prosecutrix falsely implicated him in the above case with the allegations that she was employed at a cloth merchant shop, and became acquainted with the co-accused, who on 10th February, 2024 promised a better job and took her to house situated at Sobhatiyabagh, where he along with his accomplices committed rape on her. Learned counsel has argued that according to the allegations, the video of the crime was also prepared, but during investigation, no such evidence was collected, therefore, the offence under the Information Technology Act, 2000 was deleted. She has further drawn the attention of the Court to the testimony of P.W.1 recorded during trial to point out that she has been declared hostile. Learned counsel submits that the impugned order dated 1.10.2024 refusing bail to the appellant is not based on proper appreciation of the prosecution case, therefore, the same is not sustainable. She prays that the impugned order be set aside and the appellant be released on bail. 4. The prayer is opposed by the learned State Counsel, who has argued that the complainant has levelled specific accusations against the appellant that offence of rape was committed with her by the accused persons and the alleged crime was facilitated by the landlord Shiv Babu Sahu, the present appellant. He submits that as far as the validity and correctness of the impugned order is concerned, the same is based upon correct appreciation of the material and prays that the appeal be dismissed. 5. It reveals from the perusal of the record that although in her statement recorded under Section 164 CrPC the victim has alleged that rape was committed with her by some persons but however during course of her examination before the trial court during trial she does not make any allegation against the main accused Ramu Patel, whose trial was separated and she turned hostile. She did not identify the present appellant as one of the persons who committed rape with her. In the light of the specific deposition of PW-1 before the trial court, there is no cogent prima facie evidence at this stage against the present appellant. The main accused Ramu Patel has been granted bail by the coordinate Bench of this Court on 30.8.2024 vide Criminal Appeal No. 5557 of 2024. Hence, after hearing the learned counsel for the parties and considering the above background, this Court finds that not only the investigation of the case is complete, but during trial the material witness in the case has been examined. Further, there is no possibility of conclusion of trial in near future, and the case set up by the prosecution would be tested on the basis of entire evidence, therefore, in the considered opinion of the Court, the further detention of the appellant behind the bars may not be necessary for any useful purpose, who is confined in judicial custody after his arrest on 18.9.2024. 6. Resultantly, without meaning any expression of opinion on the merits of the case, the impugned order dated 1.10.2024 is set aside, the bail application filed by the appellant under Section 439 Cr.P.C. is hereby accepted, and it is ordered that the appellant - Shiv Babu Sahu be released on regular bail in the above case crime subject to his furnishing the requisite bail bonds and surety bonds to the satisfaction of the trial court. 7. The appeal is allowed accordingly. Order Date :- 21.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad