Neutral Citation No. - 2025:AHC:134418 Court No. - 83 Case :- CRIMINAL APPEAL No. - 4928 of 2025 Appellant :- Zabir Respondent :- State of U.P. and Another Counsel for Appellant :- Anand Kumar,Vinod Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Supplementary affidavit has been filed today in the Court, the same is taken on record. 2. As per office report dated 11.7.2025, notice has been served upon respondent no.2 personally. 3. Despite notice has been served, none present upon behalf of the respondent no.2. 4. Heard learned counsel for the appellant and learned AGA as well as perused the entire record. 5. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Zabir to set aside the bail rejection order dated 30.4.2025 passed in Session Trial No.922 of 2025 (Zabir Vs. State of U.P.) and further to release the appellant on bail in case Crime No. 114 of 2025 U/s 376-D, 323, 506 IPC, and Section 67 of I.T. Act, and Section 3 (2)v, 3(1) द of SC/ST Act, Police Station- Swar, District- Rampur, during the pendency of the trial before learned court below, 6. Submission of learned counsel for the appellant is that the appellant is innocent and has been falsely implicated in this case. The applicant has not committed any offence as alleged in the impugned FIR. As per prosecution story, the appellant along with other co-accused persons, have committed rape upon the victim. Learned counsel for the appellant submits that the FIR is delayed about 1 year and there is no explanation for the said delay. He submits that the victim is a married lady aged about 45 years having four children. There is some dispute of money. As per medical, there is no internal or external injury found on the body of the victim. There are major contradictions in the statement of the victim recorded under Section 180 & 183 B.N.S. He further submits that co-accused persons namely, Mohammad Meharbaan and Pratik Kumar have been granted bail by the co-ordinate Bench of this Court as well as court below vide orders dated 26.5.2025 and 18.6.2025 passed in Criminal Appeal No.4674 of 2025 and Bail Application No.87 of 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. Appellant is languishing in jail since 3.4.2025 having no criminal history. 7. On the other hand, learned A.G.A. has opposed the prayer for bail. 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- Zabir, 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 :- 8.8.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad