Neutral Citation No. - 2025:AHC-LKO:8536 Court No. - 14 Case :- CRIMINAL APPEAL No. - 3200 of 2023 Appellant :- Khushiram Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Appellant :- Abhishek Srivastava,Dharm Trivedi,Savita Tiwari,Suresh Chandra Srivastava,Vaibhav Srivastava Counsel for Respondent :- G.A.,Arvind Kumar Maurya,Pawan Kumar Maurya Hon'ble Subhash Chandra Sharma,J. List revised none appeared on behalf of the respondents even in the revised call except learned A.G.A. for the State. Heard learned counsel for the appellant as well as learned AGA for the State and perused the entire record. 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 05.10.2023 passed by the learned Special Judge POCSO Act, Lakhimpur Kheri in bail application no. 2981 of 2023 arising out of case crime no. 10 of 2023, under Sections 354(Ka), 354(Kha), 504 I.P.C. and 9m/10 of POCSO Act and 3(1)(da), 3(1)(dha), 3(2)(va) of SC/ST Act, lodged at Police Station Majhgai, District Lakhimpur Kheri and release/enlarge the appellant on bail during pendency of the trial. It is submitted by the learned counsel for the appellant that in this case he is innocent and has falsely been implicated for molesting the victim. It is further submitted that there is no allegation of rape against the appellant except catching her. There was no any witness of the alleged incident and during medical examination no any injury was found on the person of the victim. 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 03.08.2023, 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 appellant as well as learned A.G.A. 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 period of appellant remained in jail having no any criminal antecedent and without making any further comment on the merit of the case, 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 Khushiram involved in Case Crime No. 10 of 2023, under Sections 354(Ka), 354(Kha), 504 I.P.C. and 9m/10 of POCSO Act and 3(1)(da), 3(1)(dha), 3(2)(va) of SC/ST Act, lodged at Police Station Majhgai, District Lakhimpur Kheri 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 she is accused, or suspected, of the commission of which she 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 her 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 :- 10.2.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench