HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 1471 of 2023 Connected with CRIMINAL APPEAL No. - 6889 of 2024 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Since both the afore-captioned bail applications have been filed in the same case crime number, hence they are being decided by this common order. 2. Heard learned counsel for appellants and learned AGA for the 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 appellants Chinnu and Ramkrishn @ Ram Krishna with the prayer to allow the appeal, set aside the bail rejection order dated 6.12.20222 passed in bail application No. 1917 of 2022 (Chinnu vs. State of U.P.) and bail rejection order dated 26.6.2024 passed by learned Additional District and Sessions Judge/Special Judge, SC/ST (P.A.) Act Siddharth Nagar in Bail Application No. 829 of 2024 in Case Crime No. 105 of 2022, under Sections 354A, 376D, 504 IPC, Section 3(2)(V), 3(2)(Va), 3(1) (Dha), 3(1) (W) (II) SC/ST (P.A.) Act and also in Section 67a of Information Technology Act, police station Bhawaniganj, district Siddharth Nagar. 4. It is submitted by the learned counsel for the appellants that the appellants are innocent and have been falsely implicated in this case. Learned counsel for the appellants submits that though the First Information Report was lodged by the Versus Counsel for Appellant(s) : Mohammad Mustafa, Vijay Prakash Chaturvedi Counsel for Respondent(s) : G.A. Versus Counsel for Appellant(s) : Rajesh Kumar Chitragupt Counsel for Respondent(s) : G.A. Chinnu .....Appellant(s) State Of U.P. And 3 Others .....Respondent(s) Ram Krishn Alias Ramkishna .....Appellant(s) State Of U.P.And Another .....Respondent(s) informant after the incident was disclosed to him by his daughter, no allegation of rape was made against the appellants in the said report. It is further submitted that the First Information Report was lodged after an inordinate delay of 17 days. However, when the victim was interrogated by the Investigating Officer, she for the first time introduced the allegation of rape. Subsequently, during her statement recorded before the trial court, she did not support the prosecution version and disowned her earlier statement. Hence, the appellants are entitled to be released on bail. 5. Learned A.G.A. has vehemently opposed the prayer. 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 has made out a case for bail. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail applications of the appellants are set-aside. 9. Let the appellants Chinnu and Ramkrishn @ Ram Krishna be released on bail in Case Crime No. 105 of 2022, under Sections 354A, 376D, 504 IPC, Section 3(2)(V), 3(2)(Va), 3(1) (Dha), 3(1) (W) (II) SC/ST (P.A.) Act and also in Section 67a of Information Technology Act, police station Bhawaniganj, district Siddharth Nagar 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 appellants will not tamper with the evidence during the trial. (ii) The appellants will not pressurize/ intimidate the prosecution witness. (iii) The appellants will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which he is suspected. (v) The appellants 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 them 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 accused or to cancel the bail granted. October 13, 2025 Sumaira CRLA No. 1471 of 2023 2 (Anil Kumar-X,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad