HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7714 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 - Anand Kumar Kashyap with the prayer to allow the appeal, set aside the bail rejection order dated 26.06.2025, passed by the Special Judge SC/ST Act/ District & Sessions Judge IInd Ramabai Nagar, Kanpur Dehat, and to release the appellant on bail in Crime Case No. 368 of 2024, under Section 64(2)(K), 333 BNS and 3(2)(V) SC/ST Act, Police Station Shivli, District Kanpur Dehat. 3. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He submits that the informant has alleged that his daughter was sexually assaulted by the appellant on 07.12.2024. The informant further stated that the alleged incident occurred when he and his wife returned from the field, and his wife saw the appellant committing rape upon his daughter. The FIR was lodged on the same day. However, when the victim was produced before the doctor for medical examination, the informant refused to permit the medical examination of his daughter. The circumstances indicate that the appellant and the victim were consenting parties, and the FIR was lodged by the informant only because they were seen in an intimate relationship. Therefore, the appellant is entitled to bail. 4. Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the statements of the victim recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) reflect that the appellant has committed the offence as alleged in the FIR. Hence, he is not entitled to bail. Versus Counsel for Appellant(s) : Pradeep Kumar Pal Counsel for Respondent(s) : G.A. Anand Kumar Kashyap .....Appellant(s) State of U.P. and Another .....Respondent(s) 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 Anand Kumar Kashyap involved in in Crime Case No. 368 of 2024, under Section 64(2)(K), 333 BNS and 3(2)(V) SC/ST Act, Police Station Shivli, District Kanpur Dehat, 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 17, 2025 Ujjawal CRLA No. 7714 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad