Neutral Citation No. - 2025:AHC-LKO:9253 Court No. - 14 Case :- CRIMINAL APPEAL No. - 309 of 2025 Appellant :- Jitendra Sharma @ Arjun Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko And Another Counsel for Appellant :- Mohan Lal Srivastava,Vijay Kumar Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Counter affidavit filed by learned A.G.A. today is taken on record. Heard learned counsel for the appellant as well as alongwith learned A.G.A. and perused the entire record. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 17.12.2024 passed by the learned Special Judge (SC/ST Act), Lucknow. 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. Further submitted that the victim was married lady and was in contact with the appellant from the year 2021. The incident is said to have taken place in the month of November, 2021 when the victim herself prepared tea and offered to the appellant. In the meantime, some sedative was melted in that tea of the victim and rape was committed with her and thereafter, several times the appellant committed rape with the victim. It is submitted that from the year 2021 till the year 2024 when F.I.R. was lodged, no any such complaint was made by the victim but due to ulterior motive present F.I.R. was lodged. No any injury was found on the person of the victim during medical examination. Alleged offences are not attracted against him. Offence under Section 376 I.P.C. is also not attracted. Entire allegations levelled in the F.I.R. and in the statement are false. The Court below 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. Learned counsel for the appellant also referred to the amended provisions of SC/ST Act. Appellant is in jail since 10.10.2024. 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. Learned A.G.A. opposed the prayer as aforesaid. 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. 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 version in F.I.R. and delay of 3 years in lodging the F.I.R., 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. The impugned order dated 17.12.2024 suffers from infirmity and illegality and the same is liable to be set- aside and the appeal is to be allowed. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. Let the appellant- Jitendra Sharma @ Arjun involved in Case Crime No.690 of 2024, under Sections 64, 77, 351(3) of B.N.S. and 3(2)(5) SC/ST Act, Police Station P.G.I., District Lucknow, 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. 1. The appellant will not tamper with the evidence during the trial. 2. The appellant will not pressurize/ intimidate the prosecution witness. 3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. 4. 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. 5. 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. 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 :- 13.2.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench