HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9683 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant, Sri Ashutosh Kumar Srivastava, learned counsel for the informant/ respondent no.2 and the learned AGA for State.Sri Ashutosh Kumar Srivastava has informed that he has filed his Vakalatnama on behalf of informant in the Registry of this Court. 2. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to allow the appeal, set aside the bail rejection order dated 03.10.2025 passed by Special Judge (S.C./S.T. Act), Bulandshahr in Bail Application No. 6167 of 2025 (Zubair Versus State of U.P.) arising out of Case Crime No. 0358 of 2025, under Section 69 of B.N.S., and Section 3(2)(v) of S.C./S.T. Act, at Police Station-Khurja Dehat, District Bulandshahr. 3. Learned counsel for the appellant has submitted that contents of FIR itself reflect that a bald allegation of establishing consensual relation on the promise of false marriage has been made by victim. Even the victim has not given any particulars like date or time of offence of rape committed against her. She has alleged that appellant committed rape upon her for nearly three months on the promise of false marriage. FIR was lodged after a delay of three months and no explanation for the said delay has been put forward. Hence, the appellant is entitled for bail. 4. Learned AGA and the learned counsel for informant have opposed the aforesaid prayer of the learned counsel for appellant and have submitted that victim has supported prosecution version when her statement was recorded by the police and concerned Magistrate. Hence, the appellant is not entitled Versus Counsel for Appellant(s) : Syed Mohammad Abbas Husain Counsel for Respondent(s) : Ashutosh Kumar Srivastava, G.A. Zubair .....Appellant(s) State of U.P. and Another .....Respondent(s) for bail. 5. I have considered the rival submissions so made and have gone through the entire record. 6. 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, the Court is of the opinion that the appellants have made out a case for bail. 7. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 8. Let the appellant- Zubair involved in Case Crime No. 0358 of 2025, under Section 69 of B.N.S., and Section 3(2)(v) of S.C./S.T. Act, at Police Station-Khurja Dehat, District Bulandshahr, 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. 9. In case of breach of any of the above conditions, the concerned Court shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 29, 2025 Mukesh CRLA No. 9683 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad