HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4302 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant and learned AGA for the State. 2. None has appeared on behalf of opposite party no.2. 3. 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 - Sunder with the prayer to allow the appeal, set aside the bail rejection order dated 7.3.2025 passed by Special Judge (SC/ST Act), Meerut and to release the appellant on bail in enlarge the applicant on bail, in Case crime no. 0270 of 2024 u/s 316(2), 64,352, 351 (3) B.N.S.2023 and section 3(2)(5) SC/ST Act, P.S. Hastinapur, District -Meerut. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in the present case. Learned counsel submits that the victim lodged the FIR by filing an application under Section 156(3) Cr.P.C., making false allegations of rape against the appellant. As per the FIR, the victim has stated that her husband passed away about eight years ago and that the appellant used to visit her residence. It is alleged that the appellant, taking undue advantage of her, administered some intoxicating or sedative substance and committed sexual intercourse with her while she was in an unconscious state. It has further been alleged that the appellant recorded certain objectionable videos of her and has been threatening to make those videos public. Learned counsel for the appellant contends that the FIR was lodged after an unexplained and inordinate delay of approximately eight years, without specifying any concrete details of the alleged incident, which casts serious doubt on the veracity of the allegations. Versus Counsel for Appellant(s) : Kanak Kumar Tripathi, Tanmay Gupta, Vipul Kumar Mishra Counsel for Respondent(s) : G.A., Mohd Faiz Sunder .....Appellant(s) State of U.P. and Another .....Respondent(s) It is, therefore, submitted that the appellant deserves to be enlarged on bail. 5. On the other hand, learned A.G.A. has vehemently opposed the prayer for bail, submitting that the victim's version as recorded in the FIR, on its face, discloses a prima facie case against the appellant. 6. I have considered the rival submissions so made and have gone through the entire record. 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, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. Let the appellant Sunder involved in Case crime no. 0270 of 2024 u/s 316(2), 64,352, 351 (3) B.N.S.2023 and section 3(2)(5) SC/ST Act, P.S. Hastinapur, District -Meerut, 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 court concerned shall be at liberty to take appropriate coercive action for appearance of the CRLA No. 4302 of 2025 2 accused or to cancel the bail granted. October 29, 2025 Ujjawal CRLA No. 4302 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad