HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 6361 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard Sri Prem Chandra Dwivedi, 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 - Manoj with the prayer to allow the appeal, set aside the bail rejection order dated 09.12.2024 passed by Addl. Session Judge / Special Judge (SC/ST Act), Agra and to release the appellant on bail in Case Crime No.54 of 2024, under Sections 376, 323, 506 IPC and Section 3(1)(da), (dha) & 3 (2) (5) SC /ST Act, Police Station - Khandauli, District- Agra. 3. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. The allegations made by the victim in the first information report are highly improbable, wherein she stated that she was raped by the appellant after her proposal to marry with him was refused. It is unnatural that victim with whom appellant was in consensual relationship will rape her on refusal of marriage. The above allegations made by the victim do not seems to be believable. The appellant has no previous criminal history to his credit and he has been languishing in jail since 09.12.2024, hence the appellant is entitled to bail. 4. Learned A.G.A. has vehemently opposed the prayer as made in the Versus Counsel for Appellant(s) : Mahipal Singh, Prem Chandra Dwivedi, Rahul Kumar Sharma, Vivek Kumar Dwivedi Counsel for Respondent(s) : G.A. Manoj .....Appellant(s) State of U.P. and Another .....Respondent(s) appeal and submitted that the victim was sexually exploited by the appellant by making a false promise of marriage, hence the appellant is not entitled to 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 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- Manoj involved in Case Crime No.54 of 2024, under Sections 376, 323, 506 IPC and Section 3(1)(da), (dha) & 3 (2) (5) SC /ST Act, Police Station - Khandauli, District- Agra, 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 CRLA No. 6361 of 2025 2 shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 16, 2025 Saif CRLA No. 6361 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad