Neutral Citation No. - 2025:AHC-LKO:6662 Court No. - 14 Case :- CRIMINAL APPEAL No. - 3974 of 2024 Appellant :- Malik @ Asmat Ali Respondent :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Appellant :- Uday Kumar,Janendra Kumar Verma Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. On previous date, last opportunity for filing counter affidavit was given to the learned A.G.A. but it could not be filed till now. 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 28.10.2024 passed by the learned Additional Sessions Judge/Special Judge S.C./S.T. Act, Lakhimpur Kheri. 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 the appellant is innocent and has been falsely implicated in this case. Further submitted that in this case, F.I.R. was lodged by the victim herself who was major at the time of alleged incident in which she herself stated that there was an affair between the appellant & victim and physical relations were also established between both of them, thereafter photo and video were used for blackmailing her but there is no any photograph or video on record which are said to be used for blackmailing the victim. Physical relation established between the appellant and the victim was consensus, therefore, no offence under Sections 64, 352 B.N.S. and Section 3(2)V S.C./S.T. Act is made out. The Court below 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 12.09.2024. 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 counsel for opposite party as well as 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, particularly the consensuousness of the victim 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 Malik @ Asmat Ali involved in Case Crime No. 192 of 2024, under Sections 64, 352 B.N.S. and Section 3(2)V S.C./S.T. Act, P.S. Singahi, 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 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 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 :- 31.1.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench