Neutral Citation No. - 2025:AHC:134058 Court No. - 83 Case :- CRIMINAL APPEAL No. - 1422 of 2025 Appellant :- Ravi And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Krishna Mani,Mohammad Fazil,Salman Ahmad Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Heard learned counsel for the appellants, learned AGA for the State as well as perused the entire record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellants to set aside the bail rejection order dated 21.12.2024 passed by Additional Session Judge/Special Judge (SC/ST Act) Amoraha passed in Anticipatory Bail Application No.2250 of 2024 (Ravi and another vs. State of U.P.) arising out of Complaint Case No.91 of 2022, under Sections 376-D, 506 IPC and Section 3(1) (s) SC/ST Act, Police Station Bachrayu, District Amroha. Further prayer has been made to grant anticipatory bail to the applicants in the aforesaid case. 3. In short the prosecution story is that the impugned FIR has been lodged through an application under Section 156 (3) Cr.P.C. alleging therein that on 17.08.2021 at about 05.00 am the accused Chaman and Bablu forcibly took the cousin sister of the first informant at the strength of kine to the field of one Ompal Singh where other co-accused persons, namely, Neeraj, Nempal, Sompal, Kamlu, Ankit were already present, have committed gang rape upon the victim. It is further alleged that all accused persons have also threatened to kill the victim if she told about the said incident to her family. 4. Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in this case. The applicants have not committed any offence as alleged in the impugned FIR. Appellants also belong to the schedule caste. During investigation, the investigating office has not found any material against the appellants, hence, submitted final report. Being aggrieved, the first informant has preferred protest petition, which as treated as complaint case and after recording statement under Sections 200 and 202 Cr.P.C. the court below summoned the appellants. He further submits that similarly placed co-accused, Rahul, has already been granted anticipatory bail vide order dated 16.01.2024 passed in Criminal Appeal No.12858 of 2023, copy of bail order has been annexed as Annexure No.15 to the affidavit. He further submits that the court below while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. The impugned order rejecting the anticipatory bail application of the appellants suffers from infirmity and illegality warranting interference by this Court. 5. Learned counsel for the State opposed the prayer for anticipatory bail and contended that there is allegation on the part of the informant and witnesses from which a prima facie case is made out against the appellants, however, he could not dispute that the appellants belongs to SC/ST caste. 6. Considering the facts and circumstances of the case and without commenting on merits of the case, the appeal is allowed. The impugned order dated 21.12.2024 is hereby set aside. 7. It is directed that in the event of arrest, appellants-Ravi and Sompal, involved in the aforesaid complaint case be released on anticipatory 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. a. The appellants will not tamper with the evidence during the trial. b. The appellants will not pressurize/ intimidate the prosecution witness. c. The appellants will appear before the trial court on the date fixed, unless personal presence is exempted. d. The appellants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. e. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 7.8.2025/Ajeet Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad