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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8065 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J.
1. Heard learned counsel for appellant and learned AGA for the State. 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 - Manjesh @ Chippi with the prayer to allow the appeal, set aside the bail rejection order dated 18.8.2025 passed by the learned Special Judge (SC/ST Act), Firozabad, in Case Crime No. 130 of 2025 under Section 87, 137(2) B.N.S. and Section 3(2)V of SC/ST Act, police station Linepar, district Firozabad. 3. It is submitted by the learned counsel for the appellant that the parents of the victim have falsely implicated the appellant in the case by making the allegation that the victim was enticed away by the appellant. When the statement of the victim was recorded, she stated that at the time of occurrence she was about 18 years of age. She has unequivocally stated that she went with the appellant of her own free will. Therefore, the appellant is entitled to be released on bail. 4. Learned A.G.A. has vehemently opposed the prayer and submitted that medical examination of the victim indicates that victim was minor at the time of occurrence, hence, the appellant is not entitled to be released on bail. 5. I have considered the rival submissions so made and have gone through the entire record. Versus Counsel for Appellant(s) : Girish Kumar, Vijay Tripathi Counsel for Respondent(s) : G.A. Manjesh Alias Chippi .....Appellant(s) State of U.P. and Another .....Respondent(s)
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 appellant has 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 Manjesh @ Chippi involved in in Case Crime No. 130 of 2025 under Section 87, 137(2) B.N.S. and Section 3(2)V of SC/ST Act, police station Linepar, district Firozabad. 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 court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 15, 2025 Sumaira CRLA No. 8065 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad