Neutral Citation No. - 2025:AHC:13914 Court No. - 82 Case :- CRIMINAL APPEAL No. - 6126 of 2024 Appellant :- Azad Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Pavan Kumar Srivastava,Santosh Kumar Rai,Surendra Kumar Chaubey Counsel for Respondent :- Ajay Kumar Srivastava,G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Rejoinder affidavit filed today is taken on record. 2. Despite service of notice, none is present on behalf of opposite party no.2 even in the revised call. 3. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Azad Yadav with the prayer to allow this appeal, set aside the bail rejection order dated 5.6.2024 passed by the Special Judge (SC/ST Act), Mau and release the appellant on bail in case crime no.201 of 2024 under Sections 363, 366 IPC and 3 (2) (v) S.C./S.T. Act, Police Station Ghosi, District Mau. 4. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the entire record. 5. The prosecution case as per the F.I.R is that the minor girl of the informant, who belongs to SC/ST community, was enticed away by the present accused appellant with a motive to solemnize married with her against her wishes and marriage in a temple was also performed. Subsequently he was held by the police after returning from Mumbai by train. 6. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He has not committed the present offence. Alleged offences are not attracted against him. It is also submitted that although the I.O. of this case has collected evidence in favour of her being a minor but as she is a major girl, in her statement recorded under section 164 Cr.P.C. the victim has narrated that she at her own from will and consent solemnized marriage with the present appellant and she left her house on her own accord, as she is in love with the present appellant and wants to marry with him. It is further submitted that in the entire statement of the victim under section 164 Cr.P.C. no allegation of any type of physical assault has been levelled against the appellant. It is also submitted that the appellant, as such, committed no offence. Charge-sheet in this matter has been submitted and no allegation of rape or physical assault of any kind has been levelled against the present appellant in the charge-sheet submitted by the I.O. It is further submitted that the bail application of the appellant has been rejected in an illegal manner by the Special Judge (S.C./S.T. Act), Mau. It is further submitted that the Court below while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. There is no criminal history of the appellant and he is languishing in jail since 29.5.2024. 7. On the other hand, learned A.G.A. opposed the prayer for bail, but however could not dispute this factual aspect of the matter that no sexual offence was committed with the prosecutrix. 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, detention period of the appellant, 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 set-aside. 10. Let the appellant Azad Yadav involved in case crime no.201 of 2024 under Sections 363, 366 IPC and 3 (2) (v) S.C./S.T. Act, Police Station Ghosi, District Mau 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 :- 23.1.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad