Neutral Citation No. - 2025:AHC-LKO:36011 Court No. - 11 Case :- CRIMINAL APPEAL No. - 1788 of 2025 Appellant :- Shivam Kumar Vishwakarma @ Shivam Vishkarma Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Harendra Singh,Satish Kumar Sharma Counsel for Respondent :- G.A.,Chhatrapal Rawat Hon'ble Subhash Chandra Sharma,J. It is contended by learned A.G.A. that notice has been served upon opposite party no. 2. 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 03.05.2025 passed by the learned Special Judge S.C./S.T. Act, Lucknow. Heard learned counsel for the appellant as well as the learned AGA and perused the entire record. It is submitted by the learned counsel for the appellant that he is innocent and has been falsely implicated by the informant. The victim is major and was in relation with the appellant from the year 2022. She was consensuous and physical relations were established by the appellant with the victim with her consent. When she made pressure on the appellant for marriage, he refused, then present F.I.R. was lodged by her on 15.04.2025. The trial court 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 in jail since 16.04.2025, having no criminal history. 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. On the other hand, learned AGA opposed the prayer for bail. 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, this 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 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 Shivam Kumar Vishwakarma @ Shivam Vishkarma involved in Case Crime No. 60 of 2025, under Sections 376, 313, 504, 506 IPC and Section 3(1)(Da), 3(1) (Dha), 3(2)(V) SC/ST Act, P.S. Madeyaganj, District Lucknow 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. 1. The appellants will not tamper with the evidence during the trial. 2. The appellants will not pressurize/ intimidate the prosecution witness. 3. The appellants will appear before the trial court on the date fixed, unless personal presence is exempted. 4. The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. 5. The appellants 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 them 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 :- 23.6.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench