Neutral Citation No. - 2025:AHC:24559 Court No. - 82 Case :- CRIMINAL APPEAL No. - 11659 of 2024 Appellant :- Sonu Alias Chunnu Kushwaha Respondent :- State of U.P. and Another Counsel for Appellant :- Saral Singh Counsel for Respondent :- G.A.,Manish Patel Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the appellant, learned counsel for the opposite party no. 2 and learned A.G.A. for the State and perused the material available on record. 2. This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant- Sonu Alias Chunnu Kushwaha with the prayer to set aside the bail rejection order dated 16.10.2024 passed by the Special Judge SC/ST (P.A.) Act, Etawah in Bail Application No. 2500 of 2024. 3. The prosecution story as unfolded in the FIR is that on 01.08.2024 in between 2:00 to 3:00 am the present appellant jumped into the house of the informant and an attempt was made by him to commit the rape to the daughter of the informant but when her family members came there he hurled abuses by caste related remarks. F.I.R. was lodged. 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. Essential ingredients to establish an offence under SC/ST Act are also missing in this case. It is further submitted that the victim of this case does not support the prosecution case in her statement under sections 180 and 183 of B.N.S.S. It is also submitted that the victim is a major lady and the prosecution has miserably failed to prove its case on the basis of reliable evidence. The appellant has no criminal history to his credit. The trial Court 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. Appellant is in jail since 31.08.2024. 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 and learned counsel for the opposite party no. 2 have opposed the prayer for bail and submitted that the appellant committed the present offence having knowledge that the victim belongs to the scheduled caste community. It has further submitted that the victim in her statement under sections 180 and 183 B.N.S.S. has corroborated the prosecution version. It is also submitted that on the false pretext of marriage the appellant has made physical relations with the victim/lady and has also procured some obscene videos relating to the prosecutrix and is making it viral. There is no infirmity or illegality in the impugned order dated 16.10.2024. 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 fact that the prosecutrix in this case is a major lady and it appears to be a case of consensual relationship between two major persons of opposite sex and there is no evidence at this stage that the prosecutrix ever protested for forceful physical relations made by the appellant, the clear criminal character of the appellant who is having no criminal history to his credit and his incarceration period as well, 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 trial Court erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is to be allowed. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is, hereby, set-aside. 9. Let the appellant- Sonu Alias Chunnu Kushwaha involved in Case Crime No. 193 of 2024, under Sections 74, 333, 115(2), 352, 351(3), 64 B.N.S. and Sections 3(1)(Da), 3(1)(Dha), 3(2)(v) and 3(2)(va) of SC/ST (P.A.) Act, Police Station- Friends Colony, District Etawah be released on bail on furnishing a personal bond and two heavy 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 :- 19.2.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad