Neutral Citation No. - 2025:AHC:137690 Court No. - 83 Case :- CRIMINAL APPEAL No. - 12096 of 2024 Appellant :- Ahmad Raja Respondent :- State of U.P. and Another Counsel for Appellant :- Chandan Yadav,Prashant Tripathi Counsel for Respondent :- Chandan Kumar Jaiswal,G.A.,Jitendra Singh Hon'ble Shekhar Kumar Yadav,J. 1. Heard learned counsel for the appellant, learned counsel for the respondent no.2 and learned AGA as well as perused the entire record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Ahmad Raja to set aside the bail rejection order dated 13.11.2024 passed in Bail Application No.2010 of 2024 (Ahmad Raja Vs. State of U.P.) and further to release the appellant on bail in case Crime No.257 of 2024, under Sections 64, 115 (2), 352, 351(3) B.N.S., Section 66 (E) I.T. Act and Section 3 (2)5 SC/ST Act, Police Station- Rampur Karkhana, District- Deoria. 3. Learned counsel for the appellant is that the appellant submits that the appellant is innocent and has been falsely implicated in this case. As per statement of the victim recorded under Section 183 BNSS, the victim is known to the appellant more than six months. The appellant has not viralled any photo or videos and as per statement of the victim, victim is a consenting party, therefore, no offence under Section 64 BNS as well as Section 66 (E) I.T. Act, is made out against the appellant. As per medical, there is no internal or external injury found on the body of the victim. There are major contradictions in the statement of the victim recorded under Section 180 & 183 B.N.S.S. Learned counsel for the appellant further submits that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. Appellant is languishing in jail since 3.9.2024 having no criminal history. 4. On the other hand, learned A.G.A. has opposed the prayer for bail. 5. 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. 6. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, role assigned to the present appellant and the nature of injury as well as victim is a consenting party, the Court is of the opinion that the appellant has made out a case for bail. The Court below 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. 7. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 8. Let the appellant- Ahmad Raja, involved in 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. 9. 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 :- 13.8.2025 // Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad