HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4639 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard Sri B.P. Srivastava, learned Senior Advocate assisted by Ms. Neeja Srivastava, learned counsel for appellant and the learned AGA for State. 2. As per report, notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal. 3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant- Praveen Kumar Dwivedi with the prayer to allow the appeal, set aside the bail rejection order dated 3.4.2025 passed by the Special Judge SC/ST Act Varanasi and to release the appellants on bail in Case Crime No.476 of 2024 under Sections 351(2), 89, 115 (2), 352, 69 Bhartiya Nyaya Sanhita & Sections 3(2)(V) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Police Station Bhelupur, District Varanasi. 4. Informant who is also a victim lodged an FIR with an allegation that appellant came in her contact in the year 2020 via social media platform. They became friends with each other and in between, appellant made promise of marriage to victim. Appellant also established physical relationships with victim on the same pretext of marriage due to which, she became pregnant. It has been further alleged that she was offered some pills by appellant in the guise of medicine for treating her ailments and that medicine resulted into the termination of her pregnancy. It has been further alleged that when she asked appellant to fulfill his promise of marriage, he abused her by referring to her caste and threatened to upload her obscene Versus Counsel for Appellant(s) : Neeja Srivastava, Sr. Advocate Counsel for Respondent(s) : G.A. Praveen Kumar Dwivedi .....Appellant(s) State of U.P. and Another .....Respondent(s) video on social medial platform. 5. Learned counsel for appellant has submitted that alleged relationship between appellant and victim started in the year 2022 and continued till 2022 itself. However, the FIR by the victim was lodged in the year 2022. The said fact itself reflects that both of them were consenting party and when their relation became sour the victim lodged this FIR as an afterthought. 6. Learned AGA for State has submitted that victim has clearly alleged in her statement under Section 164 Cr.P.C. that she was duped by appellant on the promise of false marriage and she under such misconception established physical relationships. She has further alleged that she also became pregnant. Therefore, the appellant is not entitled for bail. 7. I have considered the rival submissions so made and have gone through the entire record. 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 appellants have made out a case for bail. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 10. Let the appellant- Praveen Kumar Dwivedi involved in Case Crime No.476 of 2024 under Sections 351(2), 89, 115 (2), 352, 69 Bhartiya Nyaya Sanhita & Sections 3(2)(V) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Police Station Bhelupur, District Varanasi, 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. 4639 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. 11. In case of breach of any of the above conditions, the concerned Court shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. (Anil Kumar-X,J.) October 8, 2025 Mukesh CRLA No. 4639 of 2025 3 Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad