Neutral Citation No. - 2025:AHC:135496 Court No. - 83 Case :- CRIMINAL APPEAL No. - 909 of 2025 Appellant :- Raj Tilak Alias Rangiley Respondent :- State of U.P. and Another Counsel for Appellant :- Dr. Vishnu Pandey,Vivek Kumar Singh Counsel for Respondent :- Ashutosh Kumar Gupta,G.A.,Laxmi Shankar Yadav Hon'ble Shekhar Kumar Yadav,J. 1. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the bail rejection order dated 19.11.2024 passed by Special Judge SC/ST (Prevention of Cruelty) Act, Jaunpur in Bail Application No.456 of 2024 arising out of Case Crime No.284 of 2024, under Sections 376, 504 IPC and Section 3 (2) (V) SC/ST, Police Station Line Bazar, District Jaunpur. 2. Heard Mr. Dr. Vishnu Pandey, learned counsel for the appellant, the learned AGA for the State-respondent no.1 and learned counsel for the respondent no.2 and perused the entire record. 3. In short, the appellant on the pretext of marriage has committed rape upon the victim. It is further alleged that when the victim became pregnant, the appellant has terminated her pregnancy by giving medicine. 4. Submission of learned counsel for the appellant is that the appellant is innocent and has been falsely implicated in this case. The appellant has not committed any offence as alleged in the impugned FIR. Further submission is that the prosecution story is totally false and fabricated. The victim is aged about 28 years and is a practicing advocate in district court. Further submission is that the impugned FIR has been lodged as a counterblast to the application given by bhabhi of the appellant against the victim. Victim continuously blackmailing the appellant for money and the appellant has refused, the victim has falsely implicated the appellant. The incident is said to have taken place 15 years ago. Essential ingredients to constitute the offence under the SC/ST Act are lacking in the matter. Appellant is languishing in jail since 16.06.2024 having no previous criminal history. Further submission is 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 victim vehemently opposed the prayer for bail.. 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, role assigned to the present appellant and the nature of injury, 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 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 hereby set-aside. 9. Let the appellant-Raj Tilak Alias Rangiley, 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. 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 :- 11.8.2025/Ajeet Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad