HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2017 of 2024 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard Sri Uday Pratap Singh, Advocate holding brief of Sri O.P. Tiwari, learned counsel for the appellant as well as learned A.G.A. for the State- opposite party and perused the record. 2. The present criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 11.06.2024 passed by learned Special Judge S.C./S.T. Act, District Unnao in Bail Application No. 1339 of 2024; Rajat Sharma versus State of U.P, arising out of Case Crime No. 71 of 2024, under Sections 354Ga, 147, 323, 306 I.P.C and Section 3(2)(5) of S.C./S.T Act, Police Station Fatehpur Chaurasi, District Unnao, whereby the bail application of the appellant has been rejected. 3. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. He further submits that there is no role of beating by the appellant has been attributed in the alleged F.I.R and also there is no evidence of making any obscene video of the victim. 4. Learned counsel for the appellant further submits that three co-accused persons, namely, Chotu@ Amit, Ram Vilas and Mohan Lal, who have been assigned similar role, have been granted bail by means of the orders dated 31.05.2024 and 12.07.2024 passed by the Coordinate Bench of this Court in Criminal Misc. Bail Application Nos. 5827 of 2024, 5957 of 2024 and 5276 of 2024, respectively. 5. Learned counsel for the appellant further submits that accused/appellant is languishing in jail since 19.03.2024, and he has no previous criminal history, and in case the appellant is enlarged on bail, he shall not misuse the liberty of bail and he shall also fully cooperate with the trial. He has further submitted that there is no possibility of the appellant to intimidate or Versus Counsel for Appellant(s) : O.P. Tiwari, Mayank Tiwari, Ram Chandra Dwivedi, Sunil Kumar Shukla Counsel for Respondent(s) : G.A., Sajjad Husain Rajat Sharma .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Respondent(s) pressurize the witnesses or any other persons acquainted with the facts of the present case. 6. For the aforesaid reasons, learned counsel for the appellant submits that the instant criminal appeal deserves to be allowed on the ground of parity and the order dated 11.06.2024 passed by learned Special Judge S.C./S.T. Act, District Unnao in Bail Application No. 1339 of 2024; Rajat Sharma versus State of U.P, arising out of Case Crime No. 71 of 2024, under Sections 354Ga, 147, 323, 306 I.P.C and Section 3(2)(5) of S.C./S.T Act, Police Station Fatehpur Chaurasi, District Unnao, deserves to be set aside and consequently, the appellant deserves to be enlarged on bail during pendency of the trial. 7. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Upon consideration of the facts and circumstances of the case and material available on record, submissions of counsel for the appellant, learned A.G.A, considering the facts and circumstance of the case and on the perusal of the material available on record, it transpires that there is an allegation of beating and making the obscene video of the victim in the alleged F.I.R but there is no evidence for making the obscene video of the victim; the fact that applicant has no previous criminal history and he is languishing in jail since 19.03.2024 whereas the investigation already stands concluded, without having any criminal history, without expressing any opinion on merit, this Court of the view that the learned court below has failed to appreciate the material available on record. The order passed by the court below is liable to be set aside. 9. Accordingly, the appeal is allowed. Consequently, the impugned order dated 11.06.2024 passed by learned Special Judge S.C./S.T. Act, District Unnao in Bail Application No. 1339 of 2024; Rajat Sharma versus State of U.P, arising out of Case Crime No. 71 of 2024, under Sections 354Ga, 147, 323, 306 I.P.C and Section 3(2)(5) of S.C./S.T Act, Police Station Fatehpur Chaurasi, District Unnao, is hereby set aside. 10. Let the appellant- Rajat Sharma be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions- (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence. (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 CRLA No. 2017 of 2024 2 dissuade them from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 351 B.N.S.S. 12. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law . (Pramod Kumar Srivastava,J.) October 30, 2025 Preeti CRLA No. 2017 of 2024 3 Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench