Neutral Citation No. - 2025:AHC-LKO:8460 Court No. - 14 Case :- CRIMINAL APPEAL No. - 3591 of 2024 Appellant :- Kuldeep Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Appellant :- Ramkripal Yadav,Abhisek Kumar Dixit Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. 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 25.10.2024 passed by the learned Special Judge S.C./S.T. Act, Barabanki. Heard learned counsel for the appellant as well as learned AGA and perused the entire record. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case on account of village enmity. It is further submitted that there was no any injury on the person of the victim at the time of medical examination. Even in pathological report no fresh injury was found on the person of the victim. It is also submitted that at the time when the incident is said to have taken place, people remained present in the village, therefore, taking away of the girl cannot be said to be possible. No any physical injury was also found on the person of the victim to suggest that she was taken away by the appellant forcefully. There is no any other eye witness of the incident. It is next submitted that while passing the impugned order, all these facts were not taken into consideration by the learned Special Judge and erred in passing the same. Appellant is in jail since 30.9.2024. 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. 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 Kuldeep Yadav involved in Case Crime No. 0795 of 2024, under Sections 87, 137(2) BNS and Section 3(2)(v) SC/ST Act, P.S. Fatehpur, District Barabanki 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 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 ofÏcer 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 :- 10.2.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench