HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 3927 of 2024 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. Order on Criminal Misc. Bail Application No. Nil of 2024. 1. Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record. 2. This criminal appeal has been filed by the learned counsel for the appellant under Section 14-A (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the impugned order dated 20.03.2024 passed by Special Judge, S.C./S.T . (P.A.) Act, Bulandshahr in Second Bail Application No. 1647 of 2024 (Sajid versus State of U.P.) related to Case Crime No. 18 of 2022, under Sections 354, 376-D, 506 I.P.C. and Section 67 of I.T. Act and Section 3(2)5 of SC/ST Act, Police Station-Khurja Nagar, District-Bulandshahr. 3. This is second prayer of bail on behalf of applicant/appellant. First bail application was rejected by a Coordinate Bench of this Court vide order dated 25.07.2022 passed in Criminal Appeal No. 3428 of 2022, copy of bail order has been annexed as Annexure No. 1 to the affidavit. 4. As per prosecution case in brief, victim herself lodged an FIR on 6.1.2022 against the appellant Shazid and co-accused alleging inter alia that she worked at "newlight pottery". Accused persons also used to work with her at "newlight pottery" and always kept their dirty eyes on her. After two months, they started molesting her while doing obscene act. On protesting by her, they started threatening to kill her. FIR also alleges that accused persons took her obscene photographs and started blackmailing her extending threat that if she will not follow their direction they will make her Versus Counsel for Appellant(s) : Gyan Prakash Mishra Counsel for Respondent(s) : G.A. Sajid .....Appellant(s) State of U.P. and Another .....Respondent(s) photographs viral. Thereafter they extending threat used to commit rape on her. When she refused to make physical relation with them then they made her photographs viral on social media, due to which she got a lot of disrepute in the society. 5. It has been argued by the learned counsel for the appellant that appellant has been falsely implicated in this case because the victim and accused person used to work together at "newlight pottery. Victim used to make demand of money from the appellant and co-accused. When they refused to give money to the victim, she has lodged F.I.R. making false allegation of rape, etc. against the appellant. It is next submitted that the victim was a consenting party and she was major. It is further submitted that there is material contradiction between the statement of the victim recorded under Sections 161 and 164 Cr.P.C. Appellant has no criminal history and he is languishing in jail since 4.2.2022. In case, the appellant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. 6. On the other hand, learned A.G.A. has opposed the prayer for bail, but could not dispute the said fact. 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, severity of punishment, 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. 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 Sajid, 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 cooperate with the prosecution during trial. CRLA No. 3927 of 2024 2 (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (iv) The appellant shall not commit an offence. (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. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the competent Court. 12. As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. . September 18, 2025 SY CRLA No. 3927 of 2024 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad