Neutral Citation No. - 2025:AHC:140629 Court No. - 83 Case :- CRIMINAL APPEAL No. - 5175 of 2025 Appellant :- Udaypratap Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Vivek Kumar Sharma Counsel for Respondent :- G.A.,Praveen Kumar,Vijay Kumar Dwivedi Hon'ble Shekhar Kumar Yadav,J. 1. 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-Udaypratap Singh to set aside the order dated 12.05.2025 in Bail Application No.2021 of 2025 and to release him on bail in Case Crime No.70 of 2025, under Sections 87, 64(1) B.N.S. and section 3(2)(V) S.C./S.T. Act, P.S. Trans Yamuna, District Agra. 3. Heard learned counsel for the appellant, the learned AGA for the State-respondent no.1, Sri Vijay Kumar Dwivedi, learned counsel for the respondent No. 2 and perused the entire record. 4. According to the prosecution case, the incident took place on 09.02.2025 but the FIR has been lodged on 10.02.2025 against the appellant stating therein that on the day of occurrence the appellant the daughter and niece of the informant had enticed away from the informant house who are aged about 17 and 16 years respectively. 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. It is further submitted that the daughter and niece of the informant had left her house with her own sweet will due to love affection. The victim Riya has denied for her medical examination, she is major, her date of birth is 05.07.2006 as per her High School marksheet. She has also refused all allegation made against the appellant. The other victim Ishu is also major girl and her date of birth is 08.07.2006 as per her High School marksheet. Both the victims in their statement recorded under section 183 Cr.P.C. have accepted that both have left their house with her own consent and went to Tundla. Essential ingredients to constitute the offence under the SC/ST Act are lacking in the matter. Appellant is languishing in jail since 19.02.2025. Further submission is that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 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-Udaypratap 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. 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 :- 18.8.2025 RPD Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad