HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7968 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellants and learned AGA for the State. 2. Learned AGA has informed the Court that notice has been served on opposite party no. 2, however, none has appeared on his behalf. 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 - Mithai Lal and Rahul with the prayer to allow the appeal, set aside the bail rejection order dated 20.08.2025 passed by learned Special Judge (SC/ST Act), Maharajganj, in Case Crime No.553 of 2017, under Section 376D IPC & Section 3(2)(v) SC/ST Act, Police Station - Brijmanganj, District – Maharajganj. 4. Learned counsel for the appellants has submitted that initially FIR was lodged against him under Sections 376D, 323, 504, 506 IPC and 3(1)(dha), 3(2)(V) SC/ST Act. The alleged incident has been stated to have occurred on 02.07.2017. However, no action was taken by informant and an application under Section 156(3) Cr.P.C. was filed by him. FIR on the direction of Magistrate was lodged on 30.10.2017. After investigation, charge-sheet under Sections 323, 504, 506 IPC and 3(1)(dha) SC/ST Act was submitted by the Investigating Officer and Sections 376D IPC and 3(2)(v) of SC/ST Act were dropped. Charges were also framed under the same sections under which the charge-sheet was submitted. However, when statements of victim and other witnesses were recorded by the trial court, an application by informant for altering the charge was filed which was allowed by trial court. Accordingly, charges under Section 376D IPC and 3(2)(v) of SC/ST Act Versus Counsel for Appellant(s) : Alauddin, Fakhruddin Counsel for Respondent(s) : G.A. Mithai Lal And Another .....Appellant(s) State Of U.P.And Another .....Respondent(s) were framed. It was due to the alteration of charges that appellants were again taken into custody and are in jail since 22.07.2025. Hence, appellants who had been falsely implicated by the informant, are entitled for bail. 5. Learned AGA for State has opposed the appeal. 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 appellants- Mithai Lal and Rahul involved in Case Crime No.553 of 2017, under Section 376D IPC & Section 3(2)(v) SC/ST Act, Police Station - Brijmanganj, District – Maharajganj, be released on bail on their 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 they are 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 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 CRLA No. 7968 of 2025 2 accused or to cancel the bail granted. October 10, 2025 R.S. Tiwari CRLA No. 7968 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad