HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 6278 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record. Learned counsel for the opposite party no. 2 is also present. 2. This criminal appeal has been filed by the learned counsel for the appellant under Section 14-A (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the impugned order dated 08.07.2025 passed by Special Judge, SC/ST (P.A.) Act, Muzaffar Nagar in Case Crime No. 138 of 2025, under Sections 64(1), 78, 352, 351(3), 115(2) of BNS and Section 3(2)(V) of SC/ST Act, Police Station- Ratanpuri, District Muzaffar Nagar. 3. Learned counsel for the appellant submits that the appellant-applicant has been falsely implicated in the present case. It is contended by learned counsel for the appellant-applicant that there is huge delay in lodging the FIR without there being any plausible explanation. It is further submitted that the victim is married lady aged about 40 years and having five children. It is further submitted that in the medical no internal or external injury were found on the person of the victim. It is further submitted that the appellant is in jail since 27.06.2025 having no criminal history. 4. On the other hand, learned counsel for the opposite party no. 2 as well as AGA has opposed the prayer for bail, but could not dispute the said fact. Versus Counsel for Appellant(s) : Bhavya Sahai Counsel for Respondent(s) : G.A., Manoj Kumar Mishra, Praveen Pal Sonkar Mohit .....Appellant(s) State of U.P. and Another .....Respondent(s) 5. 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. 6. 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. The Court below erred in rejecting the bail application. 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. 7. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 8. Let the appellant Mohit, involved in the 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 cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (iv) The appellant shall not commit an offence. (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. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. CRLA No. 6278 of 2025 2 (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the competent Court. 10. As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. September 8, 2025 RavindraKSingh CRLA No. 6278 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad