HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4468 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record. Learned counsel for the opposite party no. 2 is also present. 2. Learned AGA has filed compliance affidavit today and is taken on record. 3. 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 06.05.2025 passed by Special Judge, SC/ST (P.A.) Act, Gorakhpur in Bail Application No. 1503 of 2025, arising out of Case Crime No. 70 of 2025, under Sections 352, 351(3), 111 BNS and Sections 3,4,5,6,7 & 9 of the Immoral Traffic (Prevention) Act 1956 r/w Section 3(1)(d), 3(1)(dh), 3(1)(Xii) of SC/ST Act, P.S. Shahpur, District Gorakhpur. 4. As per the prosecution version, the informant, aged about 22 years, was residing on rent in the house of one Anurag Singh near Mohanpur Pradhan Katra. It is alleged that about six months ago, being in need of money, she was taken by a close acquaintance to the appellant, who offered her employment in his hotel. However, the appellant along with Anurag Singh proposed to pay her Rs. 4,000/- if she indulged in immoral activities. It is further alleged that, taking advantage of her poverty, the appellant and Anurag Singh compelled her to engage in such acts, and upon her resistance, she was Versus Counsel for Appellant(s) : Avanish Kumar Srivastava Counsel for Respondent(s) : G.A., Rahul Kumar Anirudh Ojha .....Appellant(s) State of U.P. and Another .....Respondent(s) threatened. It is also alleged that the wife of Anurag Singh was actively involved in this activity and used to take the victim to different places for the purpose of immoral acts. 5. Learned counsel for the appellant submits that the appellant- applicant has been falsely implicated in the present case. It is contended by learned counsel for the appellant-applicant that as per statement of victim said to have been recorded under Section 183 of BNSS she appears to be consenting party. It is further submitted that the victim herself has refused her medical examination. It is further submitted that appellant is in jail since 13.07.2025 and further the charge has yet not been framed and there is no likelihood of conclusion of trial in near future. 6. On the other hand, learned counsel for the opposite party no. 2 as well as AGA 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 Anirudh Ojha, 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. 4468 of 2025 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 15, 2025 RavindraKSingh CRLA No. 4468 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad