Neutral Citation No. - 2025:AHC:142494 Court No. - 83 Case :- CRIMINAL APPEAL No. - 4460 of 2025 Appellant :- Shareef Mohammad Respondent :- State of U.P. and Another Counsel for Appellant :- Akhand Pratap Singh,Shobhit Yadav Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J. Ref: Criminal Misc. Bail Application No.01 of 2025 1. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the bail rejection order dated 17.03.2025 passed by learned Special Judge (SC/ST Act)/Additional Session Judge, Banda in Case Crime No.697 of 2024, under Section 69 of B.N.S. and Section 3 (2) V SC/ST Act, Police Station Kotwali Nagar, District Banda. 2. Heard learned counsel for the appellant, the learned AGA for the State-respondent no.1 and perused the entire record. Despite service of notice, none has appeared on behalf of respondent no.2. 3. As per allegation, the appellant has committed rape upon the victim on the pretext of marriage. 4. 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. Earlier the victim has also lodged the FIR being Case Crime No.637 of 2022, under Sections 376, 506 IPC and Section 3(2) V SC/ST Act in which the appellant has been enlarged on bail by this Court vide order dated 19.05.2023 passed in Criminal Appeal No.187 of 2023, copy of bail order has been annexed as Annexure No.1 to the bail application. After a lapse of two years, the victim has again lodged the instant impugned FIR against the appellant alleging that the appellant has committed rape upon her on the pretext of marriage. Further submission is that the victim is married lady having one child. The victim herself admitted that she herself made physical relation with the appellant out of her own sweet will. Further submission is that as per statement of the victim recorded under Sections 161 and 164 Cr.P.C., it is clear that the appellant and the victim was having love affairs with each other and both were residing in live in relationship. Further submission is that the essential ingredients to constitute the offence under the SC/ST Act are lacking in the matter. Appellant is languishing in jail since 09.10.2024 having one previous criminal history in which the appellant is on bail. Further submission is 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 A.G.A. opposing the prayer for bail has 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. 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 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. 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-Shareef Mohammad, 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. 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 :- 20.8.2025 Ajeet Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad