Neutral Citation No. - 2025:AHC:134154 Court No. - 83 Case :- CRIMINAL APPEAL No. - 4237 of 2025 Appellant :- Akshay Gupta Respondent :- State of U.P. and Another Counsel for Appellant :- Arun Kumar Sharma,Ramesh Chandra Kushwaha,Sanjeev Kumar Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Supplementary affidavit filed today, taken on record. In this case notice has already been served upon the informant. 2.Learned counsel for the applicant is permitted to correct the sections in the bail application. 3. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Akshay Gupta to set aside the order dated 29.04.2025 rejecting the IInd Bail Application and to release him on bail in Case Crime No.73 of 2025, under Sections 69, 115(2), 351(2), 351(3), 352 of B.N.S. and section 3(1)D, 3(1)Dha, 3(2)(v) of S.C./ST Act, P.S. Mangalpur, District Kanpur Dehat. 4.Heard learned counsel for the appellant, the learned AGA for the State-respondent no.1 and perused the entire record. 5. According to the prosecution case, the FIR of this case has been lodged on 12.02.2025 at 22.22 hours in respect of the incident which had occurred on 13.01.2025. The FIR of the incident has been lodged by the victim herself stating therein that she was in relationship with the applicant for the last ten years. The applicant gave false assurance to marry with the victim and made physical relation and thereafter threatened her 6. Submission of learned counsel for the appellant is 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. Further submission is that the prosecution story is totally false and fabricated. The applicant is a respectable person of the society and he had been helping the opposite party no. 2 and her family members financially and lent money, when he asked back the opposite party no. 2 had falsely implicated in this case. The FIR of this case has been delayed lodged without any plausible explanation. The age of the victim is 28 years. She also admitted under section 183 of B.N.S.S. that she was in relationship with the applicant for about 12 years. The victim is consenting party. The applicant is having no criminal history. Appellant is languishing in jail since 15.02.2025. Further submission is that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 7. On the other hand, learned A.G.A. opposing the prayer for bail had 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. 8. 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. 9. 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. 10. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 11. Let the appellant-Akshay Gupta 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. 12. 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 :- 7.8.2025 RPD Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad