Neutral Citation No. - 2025:AHC:20565 Court No. - 82 Case :- CRIMINAL APPEAL No. - 11045 of 2024 Appellant :- Imtiyaz Mansoori Respondent :- State of U.P. and Another Counsel for Appellant :- Ajeet Dixit Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Despite service of notice, none is present on behalf of the respondent no.2 to press this appeal. 2. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Imtiyaz Mansoori with the prayer to allow the appeal, set aside the bail rejection order dated 7.10.2024 passed by Special Judge (SC/ST Act), Deoria and release the appellant on bail in case crime no.136 of 2024 under Sections 363, 366 IPC and 3(2)5Ka S.C./S.T. Act, Police Station Khampur, District Deoria. 3. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the entire record. 4. As per prosecution case, the minor daughter of the informant aged about 14 years was eloped by the present accused appellant on 17.6.2024 at about 8:00 P.M. and subsequently she was recovered from the house of the appellant. F.I.R. was lodged and after investigation, charge-sheet has been submitted in this matter. The lady victim belongs to SC/ST community. 5. It is submitted by the learned counsel for the appellant that the appellant is innocent and has has not committed the present offence. Alleged offences are not attracted against him. It is also submitted that the prosecution story is totally false and fabricated. Essential ingredients to constitute the offence under the SC/ST Act are missing in this case. Appellant has been falsely implicated in this case. It is also submitted that the victim of this case is not a minor girl rather she is already major aged about 20 years. It is also submitted that the allegations levelled against the appellant are false and frivolous. It is also submitted that in her statement recorded under section 164 Cr.P.C., the victim has denied all the allegations levelled against the appellant and she has expressed her willingness to marry with the appellant but however she has disclosed her age as 14 years. It is also submitted that on the basis of medical report, the victim of this case is a major girl. She has specifically denied of committing any sexual offence with her. It is also submitted that that appellant is languishing in jail since 18.6.2024 having no criminal antecedents to his credit. 6. On the other hand, learned A.G.A. opposing the prayer for bail submitted that on earlier occasion as well the victim of this case was eloped by the present accused appellant. The appellant committed the present offence having knowledge that the victim belonged to S.C./S.T. 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, severity of punishment, the detention period of the appellant and also considering the fact that no sexual offence was committed with the victim of this case, 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. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 10. Let the appellant Imtiyaz Mansoori involved in case crime no.136 of 2024 under Sections 363, 366 IPC and 3(2)5Ka S.C./S.T. Act, Police Station Khampur, District Deoria 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 :- 11.2.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad