Neutral Citation No. - 2025:AHC:48848 Court No. - 80 Case :- CRIMINAL APPEAL No. - 12723 of 2024 Appellant :- Daksh Pratap Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Aushim Luthra,Pranav Tiwary,Sr. Advocate Counsel for Respondent :- G.A.,Rahul Kumar Jadaun Hon'ble Nalin Kumar Srivastava,J. 1. Supplementary affidavit filed by learned counsel for the appellant and counter affidavit filed by learned A.G.A. today are taken on record. 2. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as SC/ST Act) has been preferred by the appellant Daksh Pratap Singh with the prayer to set aside the bail rejection order dated 09.12.2024 passed by the Special Judge (SC/ST Act), Gautam Budh Nagar in Case Crime No. 499 of 2024, under Sections 64, 115 (2), 351 (2), 333 of B.N.S. and Section 3(2)(v) of SC/ST Act, Police Station Beta-2, District Gautam Budh Nagar. 3. Heard learned counsel for the appellant, the learned AGA for the State as well as learned counsel for the opposite party no. 2 and perused the entire record. 4. The prosecution story, as unfolded in the F.I.R., is that the victim and accused appellant were known to each other from their student life and one Vidisha was also her friend. The appellant asked her to come to her house on the pretext of going to toilet and the victim permitted him to do so. When he came out from the toilet he pressed her neck and committed rape upon her. When the victim resisted she got some injuries and abrasions upon her neck. However, F.I.R. was lodged and now charge sheet has been submitted. 5. It is submitted by the learned counsel for the appellant that the appellant is innocent, he has not committed the alleged offence and has been falsely implicated in this case. Alleged offences are not attracted against him. It is further submitted that as per prosecution story itself, the victim and appellant were known to each other from the student life. It is further submitted that both the parties are major and they were in consensual relation. It is also submitted that in the medical report of the victim no injury has been found by the doctor. It is next submitted that the victim has made some statements in her statement under Section 183 B.N.S.S. which indicate that she was in consensual relation with the appellant and she was a consenting party when the physical relation was made with her by the appellant. It is further submitted that the F.I.R. of this case was lodged three days after the incident without any plausible explanation of delay. It is also submitted that the appellant is student of B.B.A. 3rd Semester in Bennet University having no criminal history to his credit. 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 is languishing in jail since 30.10.2024. The ingredients of the SC/ST Act are not applicable in the instant matter. 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 as well as learned counsel for the opposite party no. 2 opposed the prayer for bail and it has been submitted that it is true that the victim and the appellant were known to each other from the student life but it is false to say that the victim was a consenting party. It is further submitted that there is no occasion for false implication of the appellant in this case but however, he could not explain the factual aspect of the matter that no bruises or abrasions were found on the body of the victim and what was the cause for delay in lodging of the F.I.R. 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, role of the appellant, incarceration period of the appellant, some portion of statement of the victim herself under Section 183 B.N.S.S. wherein her consent to the physical relation may be inferred, this 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 Daksh Pratap Singh 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. 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 :- 5.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad