HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7005 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. Ref: Criminal Misc. Bail Application No. nill of 2025 1. Compliance affidavit has been filed by learned AGA today, which is taken on record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the bail rejection order dated 03.07.2025 passed by Special Judge (SC/ST Act)/ Additional Session Judge, Ghaziabad in Bail Application No.46 of 2025 arising out of Case Crime No.278 of 2025, under Sections 376, 323, 504, 506 IPC and Section 3(2)5, 3(1) Da, Dha SC/ST Act, Police Station Sahibabad, District Ghaziabad. 3. Heard learned counsel for the appellant, the learned AGA for the State- respondent no.1, learned counsel for the respondent no.2 and perused the entire record. 4. In short, the prosecution story is that the appellant has committed rape upon the victim on the pretext of marriage. 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. The impugned FIR is highly delayed about 11 months for which no plausible explanation has been mentioned. The victim is a major. Further submission is that the victim in her statement under Sections 180 and 183 BNSS has stated that she went with the appellant out of her sweet will and visited several places and stayed in Pluto Residency Hotel. Victim was produced for medical examination but she has refused for her internal and external medical Versus Counsel for Appellant(s) : Karunesh Mishra, Ram Raj Pandey Counsel for Respondent(s) : G.A., Shiva Tripathi Abhinav .....Appellant(s) State of U.P. and Another .....Respondent(s) examination. Further submission is that as per statement of the victim recorded under Sections Sections 180 and 183 BNSS, the victim is a consenting party, therefore, no offence under Section 376 IPC is made out against the appellant. Further submission is that trial has not been started as yet and there is no possibility of early conclusion of trial, hence, the appellant may be enlarged on bail. Appellant is languishing in jail since 18.02.2025 having no previous criminal history. 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. Upon query made by this Court whether the appellant is ready to solemnize marriage with the appellant, learned counsel for the appellant submits that the victim is continuously visiting in jail to meet the appellant. Appellant is still ready to marry with the victim and he will solemnize marriage with the victim just immediately after release from jail. 7. On the other hand, learned A.G.A. vehemently opposed the the prayer for bail of the appellant. 8. 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. 9. 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. 10. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 11. Let the appellant-Abhinav, 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 CRLA No. 7005 of 2025 2 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. 12. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 17, 2025 Ajeet CRLA No. 7005 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad