Neutral Citation No. - 2025:AHC:24992 Court No. - 82 Case :- CRIMINAL APPEAL No. - 10390 of 2024 Appellant :- Jumrati Ansari Respondent :- State of U.P. and Another Counsel for Appellant :- Juned Alam Counsel for Respondent :- G.A.,Kirt Raj Yadav 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 - Jumrati Ansari with the prayer to allow the appeal, set aside the bail rejection order dated 4.9.2024 passed by the Special Judge (SC/ST Act), Kushi Nagar at Padrauna and release the appellant on bail in Case Crime No.297 of 2024 under Sections 70 (1) B.N.S. and 3(2)(V) S.C./S.T. Act, Police Station Vishunpura, District Kushi Nagar. 2. Heard learned counsel for the appellant, learned A.G.A. for the State as well as learned counsel for the opposite party no.2 and perused the entire record. 3. The prosecution has come forward with a case that on 23.7.2024 in the morning, the named accused persons including the present one made an attempt to outrage the modesty of the married informant when she was going to ease herself. The informant belongs to SC/ST community. F.I.R. was lodged and after investigation, charge-sheet was submitted in the matter. 4. 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. The prosecution story is totally false and fabricated. It is also submitted that the victim/informant of this case is a married lady. In the F.I.R. of this case, which was lodged by the informant / victim herself, no allegation of rape has been levelled against any of the named accused persons. It is also submitted that during investigation, the major victim made a twist in her statement and in her statement under section 183 B.N.S.S., she made an allegation of gang rape against all the accused persons. However, in the course of recording of evidence of P.W.1, the victim, she did not support the prosecution version and declared hostile. She has denied all the allegations regarding rape or outraging the modesty of herself. She has not named anyone. It is also found in her statement that no Government aid was received by her. It is also submitted that the appellant is languishing in jail since 31.7.2024. It is further submitted that the bail application of the appellant has been rejected in an illegal manner by the Special Judge (S.C./S.T. Act), Kushi Nagar at Padrauna. It is further submitted that 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. 5. On the other hand, learned A.G.A. as well as learned counsel for the opposite party no.2 opposed the appeal but they could not dispute this factual aspect of the matter that P.W.1, the victim and P.W.2 Sunil, the husband of the victim, both were declared hostile by the prosecution and they did not support the prosecution case at all. 6. 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. 7. 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 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 is liable to be set-aside and the appeal is liable to be allowed. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. Let the appellant Jumrati Ansari involved in Case Crime No.297 of 2024 under Sections 70 (1) B.N.S. and 3(2)(V) S.C./S.T. Act, Police Station Vishunpura, District Kushi Nagar at Padrauna 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. 10. 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 :- 20.2.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad