Neutral Citation No. - 2025:AHC:33590 Court No. - 82 Case :- CRIMINAL APPEAL No. - 7151 of 2024 Appellant :- Sameer Ali Respondent :- State of U.P. and Another Counsel for Appellant :- Javed Khan,Parvez Khan Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record. 2. This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Sameer Ali with the prayer to set aside the bail rejection order dated 29.6.2024 passed by the learned Special Judge (SC/ST Act), Ghazipur in Bail Application No. 1125 of 2024 involved in Case Crime No. 65 of 2024 under Sections 366, 376 I.P.C. & Section 3(2) 5A, 3(2)5 SC/ST Act, Police Station - Dullahpur, District- Ghazipur. 3. The major daughter of the informant eloped with the present accused appellant on 11.5.2024 in the afternoon and subsequently she was found in district-Ghazipur then FIR of this case was lodged. 4. 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. Essential ingredients to establish an offence under SC/ST Act are also missing in this case. It is further submitted that FIR of this case has been lodged with the delay of 6 days. It is also submitted that the medical evidence does not corroborate the prosecution version. It is further submitted that in her statement under Section 164 Cr.P.C. the prosecutrix did not support the prosecution version and moreover after submission of the charge sheet when the trial started the victim of this case was examined by the prosecution as P.W.2 and in her deposition recorded before the Court she did not corroborate the prosecution version and levelled no charge against the appellant for her kidnapping with a view to get married without her consent and committing rape to the prosecutrix. It is further submitted that since P.W.2 herself became hostile and did not support the prosecution case, the appeal is liable to be allowed and the present appellant should be released on bail. The trial Court 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. Appellant is in jail since 21.5.2024. 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. 5. On the other hand, learned AGA opposing the prayer for bail submitted that the appellant committed the present offence having knowledge that the victim belonged to scheduled caste community. There is no infirmity or illegality in the impugned order dated 29.6.2024 but however he could not dispute the factual aspect of the matter that the victim, who is the star witness of the prosecution was declared hostile before the Court and denied of all the allegations made against the appellant. 6. 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. 7. 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 trial Court 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 to be allowed. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is, hereby, set-aside. 9. Let the the above named appellant involved in the aforesaid crime be released on bail on furnishing a personal bond and two heavy 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. 10. 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 :- 7.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad