Neutral Citation No. - 2025:AHC:36503 Court No. - 82 Case :- CRIMINAL APPEAL No. - 10602 of 2024 Appellant :- Ramesh Kumar Shah Alias Ramesh Respondent :- State of U.P. and Another Counsel for Appellant :- Mukesh Chandra Gupta,Shubham Prakash Gupta Counsel for Respondent :- G.A.,Mohd. Kamar Shah Alam Hon'ble Nalin Kumar Srivastava,J. 1. Supplementary affidavit filed today on behalf of the appellant is taken on record. 2. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Ramesh Kumar Shah Alias Ramesh with the prayer to set aside the bail rejection order dated 6.9.2024 passed by the Additional Sessions Judge / Special Judge (SC/ST Act), Gautam Budh Nagar and release the appellant on bail in case crime no. 1049 of 2021 under Sections 498-A, 313, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act and 3(1)(Da), 3(1)(Dha), 3(2) (V) and 3(2)(Va) of SC/ST Act, P.S. Sector 49 NOIDA, District Gautam Budh Nagar. 3. Heard learned counsel for the appellant, learned counsel for the opposite party no.2/ informant as well as the learned AGA and perused the entire record. 4. The prosecution has come forward with the case that the present appellant, who is the husband of respondent no.2 - wife, bitterly harassed and tortured to his wife since marriage and prior to the marriage he had also made physical relations with her and she was aborted twice by the present appellant. Several other allegations have been levelled in the F.I.R. against the present appellant. 5. 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 matter relates to a dispute between husband and wife. Though charge sheet has been submitted in this matter but the victim herself in her testimony recorded as PW-1 before the trial court has categorically stated that now a compromise has taken place between the parties and she wants to live with her husband, the present appellant and disputes between them have been settled. She also stated before the Court that physical relation was made and developed between them with her free will and consent. She further stated that the termination of her pregnancy was performed with her own consent. 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 4.4.2023. 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. 6. 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 injured belonged to scheduled caste community. There is no infirmity or illegality in the impugned order. 7. 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. 8. 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 testimony of the victim-wife / respondent no.2 as PW-1 before the Court, 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. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 10. 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. 11. 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 :- 12.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad