Neutral Citation No. - 2025:AHC:79365 Court No. - 80 Case :- CRIMINAL APPEAL No. - 4361 of 2025 Appellant :- Brijesh Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Krishna Mani Counsel for Respondent :- Deepak Kumar Patel,G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the appellant, learned counsel for the respondent no.2, learned A.G.A. for the State and perused the material available on record. 2. This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Brijesh Yadav with the prayer to set aside the bail rejection order dated 16.4.2025 passed by the learned Special Judge (SC/ST Act), Sonbhadra in Bail Application No. 566 of 2025 arising out of Case Crime No. 57 of 2025 under Sections 69, 88, 351 (3), 352 B.N.S. & Section 3(2)(V), 3 (1)Da, 3(1)Dha SC/ST Act, Police Station - Obra, District Sonbhadra. 3. As per prosecution story on the false pretext of marriage the main accused Brijesh Yadav in conspiracy with his brother and mother molested the victim of this case, who is a member of SC/ST community and she also got pregnancy many times which was terminated by the accused and whenever she requested the accused appellant to marry with her he refused and also threatened for life and hurled abuses by caste related remarks. FIR was lodged and investigation started. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He has not committed the present offence. Alleged offences are not attracted against him. Essential ingredients to establish an offence under SC/ST Act are also missing in this case. It is further submitted that it is a case of consensual relationship between the two major persons of opposite sex. It is further submitted that the appellant is ready and willing to marry with the prosecutrix and the prosecutrix also wants to marry with him. The trial Court 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 in jail since 22.3.2025. 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. 5. On the other hand, learned AGA opposed the prayer for bail. However, the learned counsel for the opposite party no.2/ the victim has also given his consent to allow this instant appeal and he also made a statement at the Bar that the accused appellant and the prosecutrix are ready to marry with each other. 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, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. The trial Court 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 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 above named appellant involved in the aforesaid crime be released on bail on furnishing a personal bond and two heavy 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. (vi) After solemnization of marriage within two months from today a certificate thereof along with the relevant proof of marriage shall be submitted before the I.O. and if the charge sheet has been submitted the said certificate and proof shall be submitted by the accused appellant before the concerned trial Court. However, if the accused appellant does not solemnized marriage with the prosecutrix within the stipulated time mentioned in this order, the trial Court shall be at liberty to proceed for cancellation of bail granted by this Court in accordance with law. 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. Order Date :- 14.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad