HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 3791 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Compliance affidavit has been filed on behalf of the State today in the Court, the same is taken on record. 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- Manvendra Kumar Yadav Alias Dr Mahendra Yadav to set aside the bail rejection order and set-aside the bail rejection order dated 12.11.2024 passed by Learned Special Judge (SC/ST Act) Prayagraj in Bail Application No.5196 of 2024 (Manvendra Kumar Yadav @ Dr. Mahendra Yadav vs. State of U.P.) in Case Crime No.88 of 2024, Under Section-376, 504 and 506 I.P.C., Under section 3(2)(v) of SCST /Act, Police Station- Kotwali, District-Prayagraj. with a further prayer to release the appellant on bail during the pendency of the trial before court below. 4. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. The appellant has not committed any offence as alleged in the impugned FIR. He submits that both the parties are major. As per statement of the victim recorded under Section 183 BNSS, there is no allegation of rape against the appellant. The victim is a consenting party, therefore, there is no offence under Versus Counsel for Appellant(s) : Ankit Sharma, Ravi Prakash Mishra, Shivesh Mishra Counsel for Respondent(s) : G.A. Manvendra Kumar Yadav Alias Dr Mahendra Yadav .....Appellant(s) State of U.P. and Another .....Respondent(s) Section 376 IPC is made out against the appellant. As per medical, there is no internal or external injury found on the body of the victim. There are major contradictions in the statement of the victim recorded under Section 180 & 183 B.N.S.S.. Learned counsel for the appellant further submits that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. Appellant is languishing in jail since 28.7.2024 having criminal history of one case, which has been explained in paragraph no.5 to the supplementary affidavit. 5. On the other hand, learned A.G.A. has opposed the prayer for bail. 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 as well as victim is a consenting party, 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- Manvendra Kumar Yadav Alias Dr Mahendra Yadav, 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. CRLA No. 3791 of 2025 2 (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 Krishna* CRLA No. 3791 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad