Neutral Citation No. - 2025:AHC:136836 Court No. - 83 Case :- CRIMINAL APPEAL No. - 7077 of 2024 Appellant :- Sohail Respondent :- State Of U.P. Another Counsel for Appellant :- Mohd. Naim Siddiqui,Prem Shankar Sharma,Shreesh Bahadur Tripathi Counsel for Respondent :- Ashirvad Pandey, Yadavendra Dwivedi,G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Notice on respondent no. 2 has been served. 2. Heard learned counsel for the appellant and learned AGA as well as perused the entire record. 3. The present second criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Sohail to set aside the order dated 12.06.2024 in Second Bail Application No.2490 of 2024 (Sohail Vs. State) and to release him on bail in Case Crime No.277 of 2022, under Sections 366, 506 IPC and Section 3(2) (Va) S.C./S.T. Act, Police Station- Soraon, District- Prayagraj. 4. According to the prosecution case on 12.05.2022, Baarat of a girl had come in the village. At the time of Vidai at about 11.00 a.m., when all the family members were busy, the appellant and his sister enticed away the mentally unsound sister of the informant belonging to scheduled caste. When the informant went to the house of the appellant, he was abused and threatened of life. It was also stated that he will marry his sister after changing her religion. 5. Submission of learned counsel for the appellant is that the appellant is innocent and has been falsely implicated in this case. It is further submitted that victim was consenting party with the present appellant as apparent itself from the statements of the victim under Sections 161 and 164 Cr.P.C. She went with the appellant to Mumbai but did not raised any alarm nor triad to rescue herself while travelling through various public places. Appellant is languishing in jail since 25.05.2022. 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. has opposed the prayer for bail. 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- Sohail, 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 :- 12.8.2025 Aiman Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad