Neutral Citation No. - 2025:AHC:138813 Court No. - 83 Case :- CRIMINAL APPEAL No. - 321 of 2025 Appellant :- Bhola Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Dharam Veer Singh Counsel for Respondent :- G.A.,Lavkush Kumar Shukla,Vijay Prakash Mishra Hon'ble Shekhar Kumar Yadav,J. 1. Heard Mr. Anil Srivastava, learned Senior Counsel assisted by Mr. Dharam Veer Singh, learned counsel for the appellant, Mr. Lavkush Kumar Shukla, learned counsel for the informant and learned AGA as well as perused the entire record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Mohd. Abrar to set aside the order dated 16.12.2024 passed by Additional Session Judge/Special Judge (S.C./S.T. Act), Agra in Bail Application No.6805 of 2024 (Bhola Singh Vs. State of U.P.) in S.S.T. No. 1369 of 2023 (State Vs. Bhola Singh) arising out of Case Crime No. 93 of 2022, under Sections 366, 323, 504, 506, 376 I.P.C. & 3(2)(v) S.C./S.T. Act, Police Station- Barhan, District- Agra with a further prayer to release the appellant on bail in the aforesaid case crime. 3. As per prosecution story, the appellant along with three other co-accused has committed marpeet and committed rape upon her and also used casteist words for her. 4. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. Initially, the impugned FIR was lodged under Sections 376- D, 366, 120-B, 353, 504, 506 IPC and after statement of the victim, the same was converted into Sections 366, 323, 504, 506, 376 I.P.C. & 3(2)(v) S.C./S.T. Act. Learned counsel for the appellant submits that the incident took place on 29.5.2022 whereas the FIR has been lodged after due deliberation and consultation on 22.6.2022 i.e. about 24 days of the alleged incident but no plausible explanation regarding delay has been mentioned. The appellant is husband of the victim. The victim is major aged about 23 years. He further submits that the appellant and victim have solemnized marriage on 30.5.2022 as per Hindu Rites and Rituals and their marriage has been registered on the same date, copy of the marriage certificate is annexed as Annexure No.4 to the affidavit. He further submits that as per statement of the victim, the Investigating Officer has submitted charge sheet only against the appellant exonerating the other co-accused persons. He further submits that the victim herself refused for her medical examination. He next submits that earlier, the appellant has approached this Court challenging the impugned FIR in Criminal Misc. Writ Petition No.9093 of 2022 and this Court vide order dated 21.7.2022 granted interim protection to the appellant till the next date of listing or till submission of police report under Section 173 Cr.P.C.. The appellant is languishing in jail since 20.12.2024 having no previous criminal history. 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 counsel for the informant and learned A.G.A. have opposed the prayer for bail. 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- Bhola Singh, 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 :- 14.8.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad