Neutral Citation No. - 2025:AHC:139557 Court No. - 83 Case :- CRIMINAL APPEAL No. - 5187 of 2025 Appellant :- Arnav Awasthi Respondent :- State of U.P. and Another Counsel for Appellant :- Anand Pati Tiwari Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1.Supplementary affidavit filed today, taken on record. In this case notice has already been served upon the informant. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant-Arnav Awasthi to set aside the order dated 19.05.2025 in Bail Application No.761 of 2025 and to release him on bail in Case Crime No.218 of 2025, under Sections 115(2), 69 B.N.S. & Sections 3(1)Da, Dha, 3(2)(V) S.C./S.T. Act, P.S. Dibiyapur, District Auraiya. 3. Heard learned counsel for the appellant, the learned AGA for the State-respondent no.1 and perused the entire record. 4. According to the prosecution case, in November 2024 the incident took place but in respect of the incident the FIR has been lodged on 09.04.2025 after about five months of the incident without any plausible explanation of delay of lodging the FIR. In the present FIR, it is stated by the victim informant that she knows the appellant for last several months, she went with the appellant in a hotel at several times and made physical relationship with the appellant on the false promise of marriage given by the appellant. The victim had went with the appellant in hotel in her sweet will. 5. Submission of learned counsel for the appellant is that the appellant is innocent and has been falsely implicated in this case. The appellant has not committed any offence as alleged in the impugned FIR. Further submission is that the prosecution story is totally false and fabricated. The appellant is having a clothes shop and due to some money dispute the present FIR has been lodged by the victim. The date of the birth of the victim is 08.07.2002. Also there are several contradictions in the statement of the victim recorded under sections 180 and 183 B.N.S.S. According to statement of doctor, no external or internal injury found on the body of the victim. The victim is consenting party. The appellant is in jail since 12.04.2025 and is having no criminal history. Essential ingredients to constitute the offence under the SC/ST Act are lacking in the matter. Further submission is that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 6. On the other hand, learned A.G.A. as well as learned counsel for the opposite party no.2 opposing the prayer for bail had have submitted that the appellant committed the present offence having knowledge that the victim belonged to S.C./S.T. Community. There is no infirmity or illegality in the impugned order. 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, 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. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set- aside. 10. Let the appellant-Arnav Awasthi 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. 11. 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 RPD Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad