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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7018 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J.
1. Heard Ms. Anita Singh, learned counsel for appellant and learned AGA for the State. 2. Learned AGA states that notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal even in revised call. 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 a prayer to allow the appeal, set aside the bail rejection order dated 27.6.2025 passed by Additional Session Judge / Special Judge (SC/ST Act), Agra, and to release the appellant on bail in Case Crime No.210/2025 under section 69, 352, 351[3] Β.Ν.S., Section 67-A of I.T. Act and Section 3[2][5], 3[2][da], 3[1][dha] SC/ST Act, P.S.- Tajganj, District-Agra. 4. Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in this case. Victim is a mature lady and aged about 28 years. However, she has made a false allegation against the appellant that he has committed rape upon her on the pretext of marriage. Victim has falsely stated that she was threatened by the appellant when she approached him with proposal of marriage. All the allegations levelled against the appellant are false, fabricated and concocted. Infact, relations between the victim and appellant were consensual from the beginning which later on turned sour. Being enraged Versus Counsel for Appellant(s) : Anita Singh, Kiran Tiwari, Mahesh Chandra Tiwari, Prem Babu Verma Counsel for Respondent(s) : G.A. Heera Lal .....Appellant(s) State of U.P. and Another .....Respondent(s)
by the appellant, the first information report was lodged by the victim. It was submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. In such circumstances, the appellant is entitled to 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, 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. Pending application, if any, shall stand disposed of. 9. Let the appellant-Heera Lal involved in the aforesaid case 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. CRLA No. 7018 of 2025 2
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 15, 2025 SK CRLA No. 7018 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad