Neutral Citation No. - 2025:AHC:42571 Court No. - 80 Case :- CRIMINAL APPEAL No. - 10711 of 2024 Appellant :- Dhiraj Kumar Lodhi Respondent :- State of U.P. and Another Counsel for Appellant :- Dinesh Rai,Shishir Kumar Srivastava Counsel for Respondent :- G.A.,Renu Sharma 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 - Dhiraj Kumar Lodhi with the prayer to set aside the bail rejection order dated 9.10.2024 passed by the Additional Sessions Judge / Special Judge (SC/ST Act), Siddharthnagar and release the appellant on bail in case crime no. 166 of 2024 under Sections 137(2) and 87 of BNS and 3(2)(V) of SC/ST Act, P.S. Uska Bazar, District Siddharthnagar. 2. Heard learned counsel for the appellant as well as the learned AGA and perused the entire record. None is present for the opposite party no.2 even in the revised call. 3. The minor daughter of the informant, who belongs to SC/ST community, was missing and a named F.I.R. against the present appellant was lodged and during investigation the abducted girl was recovered by the police and after investigation now charge sheet has been submitted. 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. It is further submitted that though the victim is a minor girl but she had left her house with her own free will and went with the present appellant. When she was recovered by the police, the appellant was not present there. It is further submitted that no sexual offence or physical relationship has been made by the present appellant with the victim of this case. It is also submitted that the victim has also not assigned any role about sexual offence with her by the present appellant in her statements under Sections 180 and 183 BNSS. 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 11.9.2024 having no criminal history. 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 AGA 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 sexual offence was committed with the minor victim by the present appellant. 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, the fact that no sexual offence was committed with the minor victim by the present appellant, 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. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. 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. 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 :- 24.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad