Neutral Citation No. - 2025:AHC:36619 Court No. - 82 Case :- CRIMINAL APPEAL No. - 737 of 2025 Appellant :- Chandrasheel Maurya Respondent :- State of U.P. and Another Counsel for Appellant :- Vipul Kumar Singh Counsel for Respondent :- G.A.,Rajesh Kumar Gautam Hon'ble Nalin Kumar Srivastava,J. 1. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Chandrasheel Maurya with the prayer to allow the appeal, set aside the bail rejection order dated 7.1.2025 passed by the Special Judge (SC/ST Act), Azamgarh and release the appellant on bail in Case Crime No.365 of 2024 under Sections 64(1), 351(2), 115(2) B.N.S. and Section 3(2)5 S.C./S.T. Act, Police Station Maharajganj, District Azamgarh. 2. Heard learned counsel for the appellant, learned A.G.A. for the State as well as learned counsel for the opposite party no.2 and perused the entire record. 3. As per contents of the F.I.R., the lady victim of this case was assaulted by the present appellant alongwith his three associates in the field on 26.9.2024 at about 6:00 P.M. and she was also threatened for dire consequences. She sustained injuries and F.I.R. was lodged. The offence was committed regarding some money dispute. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case due to animosity. He has not committed the present offence. Alleged offences are not attracted against him. The prosecution story is totally false and fabricated. It is also submitted that the essential ingredients to constitute the offence under the SC/ST Act are not established in this case. In the F.I.R. of this case, allegation of inflicting simple injuries only to the injured has been alleged whereas during investigation when after sufficient delay the statement of the victim was recorded under sections 180 B.N.S.S. she developed the story and an allegation of committing gang rape with her was alleged by the victim against the present appellant and his other associates. However, the medical evidence does not corroborate the prosecution version and she has been medically examined after about eight days of the occurrence. It is also submitted that in her statement recorded under section 183 Cr.P.C., another story was developed by the victim of this case and the allegation of gang rape was made again against all the accused persons. It is also submitted that the spot inspection report made by the I.O. prima facie shows that the offence occurred in the dense abadi of the village but surprisingly no independent eyewitness of the said vicinity has come forward to corroborate the prosecution case. It is also submitted that no caste related words have been remarked by the appellant to the victim. It is also submitted that the appellant is languishing in jail since 6.10.2024. Appellant is having criminal history of solitary case, which has been explained well in the affidavit accompanying the bail application. It is further submitted that the bail application of the appellant has been rejected in an illegal manner by the Special Judge (S.C./S.T. Act), Azamgarh. It is further submitted that 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. 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 A.G.A. as well as learned counsel for the opposite party no.2 opposed the appeal and it has been submitted that the present accused appellant is named in the F.I.R. and in the statements recorded under sections 180 and 183 B.N.S.S. the prosecutrix has supported the prosecution case and the facts relating to rape and gang rape with her also find place in her said statements. There is no infirmity or illegality in the impugned order. 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 nature of the offence, evidence, complicity of the accused, severity of punishment and also the fact that no allegation of rape was alleged in the F.I.R. of this case, which was lodged by the victim herself, 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. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. Let the appellant Chandrasheel Maurya involved in Case Crime No.365 of 2024 under Sections 64(1), 351(2), 115(2) B.N.S. and Section 3(2)5 S.C./S.T. Act, Police Station Maharajganj, District Azamgarh 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. 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 :- 11.3.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad