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2025 DAILYLAW 193985 (ALL)

NEYAZ ALI ALIAS RAHUL v. STATE OF U.P.

CRLA/8269/2025 · 2025-10-12

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8269 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant and learned AGA for the State. 2. As per office report, notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal. 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 - Neyaz Alia @ Rahul with the prayer to allow the appeal, set aside the bail rejection order dated 3.7.2025 passed by learned Special Judge (SC/ST Act) Gorakhpur in IInd Bail Application No. 2580 of 2025 (Neyaz Ali @ Rahul Versus State of U.P..), whereby the bail application of the appellant in Case Crime No. 155 of 2025 under Sections 137 (2)/87 of B.N.S. and Section 3(2) (V) of SC/ST Act, police station Jhangaha, district Gorakhpur has been rejected. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. Learned counsel for the appellant submits that all the allegations regarding enticing away the daughter of the informant have been made against him as false. However, the victim has not supported the prosecution version. Hence, the appellant is entitled to be released on bail. 5. Learned A.G.A. has vehemently opposed the prayer and submitted that at the time of recovery, the victim was found to be about 16 years of age; hence, the appellant is not entitled to be released on 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 appellant has 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 Neyaz Ali @ Rahul involved in Case Crime No. 155 of 2025, under Sections 137 (2)/87 of B.N.S. and Section 3(2)(V) of SC/ST Act, police station Versus Counsel for Appellant(s) : Mohd. Shoeb Khan Counsel for Respondent(s) : G.A. Neyaz Ali Alias Rahul .....Appellant(s) State of U.P. .....Respondent(s) Jhangaha, district Gorakhpur 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 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. 8269 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad