Neutral Citation No. - 2025:AHC:63132 Court No. - 80 Case :- CRIMINAL APPEAL No. - 12405 of 2024 Appellant :- Mahesh Kumar Vishvakarma Respondent :- State of U.P. and Another Counsel for Appellant :- Rajiv Chowdhury Counsel for Respondent :- G.A.,Pramod Pathak Hon'ble Nalin Kumar Srivastava,J. 1. Rejoinder affidavit filed today 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 - Mahesh Kumar Vishvakarma with the prayer to set aside the bail rejection order dated 22.11.2024 passed by the Special Judge (SC/ST Act), Varanasi and to release the appellant on bail in case crime no. 186 of 2024 under Sections 316(2), 64, 115(2), 352, 351(3) of BNS and Section 3(2)(v), 3(1) (da) and 3(1)(dha) of SC/ST Act, P.S. Manduvadih, District Varanasi. 3. Heard learned counsel for the appellant, learned counsel for the opposite party no.2 as well as the learned AGA and perused the entire record. 4. The prosecution has come forward with a case that on the false pretext of providing employment, the present appellant took her to B.H.U. hospital Varanasi in the year 2021 as the prosecutrix states in her statement under Section 183 BNSS and subsequently after administering some intoxicant to her made physical relations with her and photograph and video was also prepared. It is further alleged by the prosecution that during the year 2021-2022 she also paid Rupees Six Lakhs on different dates to the appellant for providing her employment and some transactions were made through bank account. However, when she demanded her money back, the appellant hurled abuses with caste related remarks on a public place and also threatened for dire consequences. F.I.R. was lodged and after investigation now charge sheet has been submitted. 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 present appellant never grabbed money from the prosecutrix on the false pretext of providing some employment. The prosecution case is highly suspicious as to when rape was committed by the appellant with the victim. In her statement under Section 180 BNSS she has stated that offence of rape was committed with her on 7.8.2024 whereas in her statement under Section 183 BNSS she claims that incident of rape was occurred with her in the year 2021 and this material contradiction is a serious dent in the prosecution story. Medical evidence does not corroborate the prosecution version and on internal examination of the victim the doctor has found absolutely no injury. The money paid in the Bank account of appellant by the victim was earlier borrowed by the victim from the accused / appellant. 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. Appellant has no criminal history to his credit and he is in jail since 11.9.2024. 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. 6. On the other hand, learned AGA and learned counsel for the opposite party no.2 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. It is also submitted that physical relation was made by the appellant with the victim of this case on false pretext of providing some employment. Offence is very serious. It is also submitted that the money has been paid to the accused appellant on different dates through bank transactions for which relevant documents have been annexed with the affidavit. Victim of this case had absolutely no motive to falsely implicate the present appellant, however, they could not dispute this factual aspect of the matter that dates of rape with the prosecutrix by the appellant are different in the statements of the victim recorded under Sections 180 and 183 of BNSS. 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 contradictions in the statements of the victim recorded under Sections 180 and 183 of BNSS, 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 aforesaid appellant 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. 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 :- 24.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad