HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8215 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for the appellant, Sri Anirudh Kumar Upadhyay, learned counsel for informant and the learned AGA for State. 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 with the prayer to allow the appeal, set aside bail rejection order dated 28.08.2025 passed by the learned Additional Session/Special Judge, SC/ST (P.A.) Act, Siddharth Nagar in Bail Application No. 1009 of 2025 (Samiullah Vs. State of U.P.) arising out of Case Crime No.77 of 2025, under Sections 87, 64(1) of B.N.S. and Section 3(2)V of SC/ST Act, at Police Station Golhaura, District Siddharth Nagar. 4. Learned counsel for the appellant has submitted that it is manifest from the FIR that victim at the time of occurrence was 24 years of age. It has been alleged that she was enticed away by appellant on the pretext of false marriage. Victim along with appellant visited at several places and came back on 27.2.2025. Though victim has supported the prosecution version in her statement before Investigating Officer and Magistrate, however, surrounding circumstances demonstrate that victim, was major at the time of occurrence, and herself went with the appellant and also stayed at different places. Hence, he is entitled to bail. 5. Learned AGA and the learned counsel for informant have strongly opposed the prayer for bail and submitted that victim was compelled by appellant to accompany him and was returned back by appellant after pressure was extended. Victim has also stated before Investigating Officer Versus Counsel for Appellant(s) : Mohammad Zafar Yab Khan, Shahroze Khan Counsel for Respondent(s) : Anirudh Kumar Upadhyay, G.A. Samiullah .....Appellant(s) State of U.P. and Another .....Respondent(s) and concerned Magistrate, she was raped by appellant. Hence, appellant is not entitled for bail. 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 appellants have 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-Samiullah involved in Case Crime No.77 of 2025, under Sections 87, 64(1) of B.N.S. and Section 3(2)V of SC/ST Act, at Police Station Golhaura, District Siddharth Nagar, 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 concerned Court shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 17, 2025 Mukesh CRLA No. 8215 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad