HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 1537 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. Rejoinder affidavit in reply to the counter affidavit has been filed today, is taken on record. Ref: Criminal Misc. Bail Application No.01 of 2025 1. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the bail rejection order dated 05.02.2025 passed by Special Judge (SC/ST Act) Hapur in Bail Application No.29 of 2025 arising out of Case Crime No.840 of 2024, under Sections 87, 123, 64(1), 351(2), 319 (2) BNS and 3 (2) (V) SC/ST (Prevention of Atrocities) Act, Police Station Hapur Nagar, District Hapur. 2. Heard learned counsel for the appellant, the learned AGA for the State- respondent no.1, learned counsel for the respondent no.2 and perused the entire record. 3. In short, the prosecution story is that on 18.12.2024 when jethani of the informant did not go to work for safai in Everest Public School then the informant send her minor daughter (victim) for such work then in the way the appellant met with the daughter of the informant and appellant carried her to a hotel where appellant gave something in colddrink and when she became unconscious, the appellant has committed rape upon her and also made video. 4. Submission of learned counsel for the appellant is that the appellant is Versus Counsel for Appellant(s) : Girijesh Kumar Gupta, Pradeep Kumar, Shiv Shankar Pd Gupta Counsel for Respondent(s) : G.A., Rakesh Tripathi I Tarun Tyagi .....Appellant(s) State of U.P. and Another .....Respondent(s) innocent and has been falsely implicated in this case. The appellant has not committed any offence as alleged in the impugned FIR. Further submission is that the prosecution story is totally false and fabricated. As per statement of the victim recorded under Sections 180 and 183 of BNSS, there are material contradictions in her statement and it appears that the victim is a consenting party. The victim is aged about 19 years. No any medical report is supported the prosecution story. Further submission is that till today no witness has been examined and there is no possibility of early conclusion of trial, hence, the appellant may be enlarged on bail. Appellant is languishing in jail since 21.12.2024 having no previous criminal history. Further submission is that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 5. On the other hand, learned A.G.A. as well as learned counsel for the informant opposed the the prayer for bail of the appellant and have submitted that the appellant committed the present offence having knowledge that the victim belonged to S.C./S.T. Community. There is no infirmity or illegality in the impugned order. 6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully. 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, role assigned to the present appellant and the nature of injury, the Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 9. Let the appellant-Tarun Tyagi, involved in aforesaid case crime number 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. CRLA No. 1537 of 2025 2 (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 prosecution shall be at liberty to move bail cancellation application before this Court. September 24, 2025 Ajeet CRLA No. 1537 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad