HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8490 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for the appellant and the learned AGA for 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 with the prayer to allow the appeal, set aside impugned order dated 12.08.2025 passed by Special Judge (S.C./S.T. Act), Azamgarh in Bail application No. 3861/2025 (Rajesh Chauhan Vs. State of U.P.), arising out of Case Crime No. 391/2025, under sections 69, 352, 351(3) Β.N.S. and U/S 3(1)da, 3(1)dha, 3(2)(5) S.C./S.T. (P.A.) Act, at Police Station Mehnagar, District Azamgarh. 4. Learned counsel for the appellant has submitted that prosecutrix has lodged FIR by alleging that she was deceived by appellant who made false promise of marriage for establishing physical relationship. Even she has not disclosed duration since both came into contact of each other. She has barely stated that appellant made relations with her several times. FIR was lodged on 2.8.2025, mentioning alleged incident which occurred on 13.7.2025. The conduct of the victim demonstrates that relationship between the two were consensual and victim has falsely implicated the appellant. Therefore, he is entitled for bail. 5. Learned AGA for State has strongly opposed the prayer for bail and submitted that victim has categorically stated before Investigating Officer as well as Magistrate that she was sexually exploited by appellant on the Versus Counsel for Appellant(s) : Devendra Yadav, Vishal Jaiswal Counsel for Respondent(s) : G.A. Rajesh Chauhan .....Appellant(s) State of U.P. and Another .....Respondent(s) pretext of false marriage. . 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- Rajesh Chauhan involved in Case Crime No. 391/2025, under Sections 69, 352, 351(3) Β.N.S. and U/S 3(1)da, 3(1)dha, 3(2)(5) S.C./S.T. (P.A.) Act, at Police Station Mehnagar, District Azamgarh, 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. 8490 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad