Neutral Citation No. - 2025:AHC:66230 Court No. - 80 Case :- CRIMINAL APPEAL No. - 1207 of 2025 Appellant :- Mukesh Respondent :- State of U.P. and Another Counsel for Appellant :- Pankaj Kumar Shukla,Ramji Mishra Counsel for Respondent :- Balram Mishra,G.A. 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 - Mukesh with the prayer to set aside the bail rejection order dated 21.11.2024 passed by the Special Judge (SC/ST Act), Sant Kabir Nagar and to release the appellant on bail in case crime no. 269 of 2024 under Sections 64, 127(2), 352, 351(3), 87 of BNS and Section 3(2)(v), 3(2)(va), 3(1)(dha) of SC/ST Act, P.S. Mahuli, District Sant Kabir Nagar. 2. Heard learned counsel for the appellant, learned counsel for the opposite party no.2 as well as the learned AGA and perused the entire record. 3. As per prosecution story, on 18.7.2024 at about 4.00 p.m. the present appellant, who is a person of criminal character, committed rape with the daughter of the informant in his house and also hurled abuses by caste related remarks. F.I.R. was lodged and now charge sheet has been submitted. 4. 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. Alleged offences are not attracted against him. It is also submitted that the appellant and the victim have married with each other and are living as husband and wife. The victim has moved an application before the Circle Officer, Dhanghata, Sant Kabir Nagar with the averments that all the allegations made in the F.I.R. and her earlier statement under Section 164 CrPC are false and concocted and the said statement was given under the pressure of her family members.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 in jail since 12.9.2024. 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. 5. On the other hand, learned AGA and learned counsel for the opposite party no.2 opposing the prayer for bail submitted that the appellant committed the present offence having knowledge that the victim belonged to scheduled caste community. There is no infirmity or illegality in the impugned order but however, they could not dispute this factual aspect of the matter that the appellant and the victim have married with each other and are living as husband and wife. 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, the fact that the appellant and the victim have married with each other and are living as husband and wife, 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 aforesaid appellant 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. 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 :- 29.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad