HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4842 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for appellant and learned AGA for the State. 3. As per office 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. 4. 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 - Omkar with the prayer to allow the appeal, set aside the bail rejection order dated dated 31.01.2025 passed by learned Special Judge, SC/ST Act, Hathras in bail application no. 151 of 2025 (Omkar Vs. State of U.P.) arising out of Case Crime No. 91 of 2024, Under Section 376-D, 323 IPC, and 3(1) (W) (i)/3 (2) (V) SC/ST Act, Police Station- Hathras Gate, District Hathras. 5. Learned counsel for the appellant has submitted that FIR was lodged by the informant, his mother complained to him about the rape committed upon her by another accused, Sonu. The name of the appellant was not mentioned in the FIR. However, when the victim, aged about 37 years, was interrogated by the I.O. alleged that she was ravished by appellant and Sonu. She made similar statement before the Magistrate also. It was submitted that the informant lodged this FIR after the entire incident was disclosed by his mother/victim. Prosecution has not explained any reason as to why his name was not mentioned in the FIR if he was involved in the case. It is apparent from the circumstances that his name was falsely added as an accused by the I.O. after a false statement was made by the victim before him. Versus Counsel for Appellant(s) : Ajay Kumar Pathak, Subhash Chand Counsel for Respondent(s) : G.A. Omkar .....Appellant(s) State of U.P. and Another .....Respondent(s) 6. Learned A.G.A. has vehemently opposed the prayer and submitted that the victim in her statement before the I.O. and Magistrate has made specific allegation against the present appellant. 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 appellant has 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 Omkar involved in Case Crime No. 91 of 2024, Under Section 376-D, 323 IPC, and 3(1) (W) (i)/3 (2) (V) SC/ST Act, Police Station- Hathras Gate, District Hathras, 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. 11. In case of breach of any of the above conditions, the court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 9, 2025 Ujjawal CRLA No. 4842 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad