Neutral Citation No. - 2025:AHC:136777 Court No. - 83 Case :- CRIMINAL APPEAL No. - 3173 of 2025 Appellant :- Manoj Kumar Jaiswal Respondent :- State of U.P. and Another Counsel for Appellant :- Lalji Yadav,Yashpal Yadav Counsel for Respondent :- Anchal Kumar Rao,G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Notice on respondent no. 2 has been served. 2. Heard learned counsel for the appellant and learned AGA as well as perused the entire record. 3. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Manoj Kumar Jaiswal to set aside the order dated 19.03.2025 in Bail Application No.249 of 2025 (Manoj Kumar Jaiswal Vs. State) and to release him on bail in Case Crime No.658 of 2024, under Sections 34(1), 351(3) BNS and Section 3(2) (V) S.C./S.T. Act, Police Station- Gorakhnath, District- Gorakhpur. 4. Short allegations against the applicant is that he committed rape with the victim and also videographed the incident and on that pretext, applicant pressurized her to intimate with him. 5. It is further submitted that incident is alleged to have taken place around 03 years back, whereas, prosecutrix has alleged that the incident has taken place in June 2024 but FIR was lodged after due deliberation and consultation for about 06 months at 1343 hrs. on 10.12.2024 and no plausible explanation for such inordinate delay in lodging First Information Report has been given which gives rise to doubt the prosecution story. Victim was taken for medication examination on 11.12.2024 but she refuse to undergo internal or external examination. It is further submitted that relationship between prosecutrix and applicant was consensual as a husband and wife. There is no allegation that applicant ever made such relation on the basis of or ground of her being a member of SC/ST category. There is no independent witness of the incident. All witnesses are family members of victim No person from the public has been nominated as eye witness. 6. On the other hand, learned A.G.A. has opposed the prayer for bail. 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 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. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 10. Let the appellant- Manoj Kumar Jaiswal, 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. (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 :- 12.8.2025/Aiman Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad