Neutral Citation No. - 2025:AHC:116171 Court No. - 83 Case :- CRIMINAL APPEAL No. - 2453 of 2025 Appellant :- Vinod Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Jai Raj Counsel for Respondent :- Devidayal Tiwari,G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Supplementary affidavit filed today is taken on record. 2. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as SC/ST Act) has been preferred by the appellant Vinod Yadav with the prayer to set aside the bail rejection order dated 13.02.2025 passed by the Special Judge (SC/ST Act), Agra and to release him on bail in Case Crime No. 522 of 2025, under Sections 64(2)(M), 69, 123, 351(3) B.N.S. and Section 3(2)(v) SC/ST Act, Police Station Jagdishpura, District Agra. 3. Heard learned counsel for the appellant, learned A.G.A. for the State and learned counsel for the opposite party no. 2 and perused the record. 4. It is a case of physical exploitation of the victim done by the accused appellant. 5. It is submitted by the learned counsel for the appellant that the appellant is innocent, he has not committed the alleged offence but he has been falsely implicated in this case. Alleged offences are not attracted against him. It is further submitted that the prosecution story is absolutely false and fabricated. It is next submitted that all the allegations made against the appellant in the F.I.R. and statements under Sections 180 and 183 B.N.S.S. are wholly false and concocted. If the prosecution story is taken to be correct, both, the appellant and victim were having friendship but the appellant has never made any physical relation with the victim. It is next submitted that the medical report does not support the prosecution case. It is next submitted that the Court concerned 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. Appellant is languishing in jail since 14.10.2023 having no criminal history to his credit. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 6. On the other hand, learned AGA and learned counsel for the opposite party no. 2 did not oppose the prayer for bail and also admitted that the parties have entered into compromise outside the court and no dispute rests between them. An affidavit has already been filed by the victim before the trial court at the time of disposal of the parole application moved by the appellant. 7. 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. 8. Having regard to the facts and circumstances of the case and also taking cognizance of the affidavit given by the victim herself before the trial court at the time of disposal of parole application, the fact that medical report prima facie does not support the prosecution case and incarceration period of the appellant since 24.01.2025 and no criminal record of the appellant, this Court is of the opinion that the appellant has made out a case for bail. The Court concerned 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. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 10. Let the appellant Vinod Yadav involved in the 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. (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. 11. 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 :- 17.7.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad