Neutral Citation No. - 2025:AHC:132777 Court No. - 83 Case :- CRIMINAL APPEAL No. - 6455 of 2025 Appellant :- Shivakant Alias Lala Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Mandvi Tripathi,Santosh Tripathi Counsel for Respondent :- G.A.,Umesh Maurya Hon'ble Shekhar Kumar Yadav,J. 1. Heard Mr. Mandvi Tripathi, learned counsel for the appellant, Mr. Rahul Kumar holding brief of Mr. Umesh Maurya and learned AGA as well as perused the entire 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 - Shivakant Alias Lala to set aside the bail rejection order dated 27.06.2025 passed in Case Crime No.91 of 2022 (S.T. No.243 of 2024) under Sections 354, 452 I.P.C. 3(2) (Va) S.C./S.T. Act, Police Station- Utraon, District Prayagraj further to grant anticipatory bail to the applicant in the aforesaid case. 3. As per prosecution story, on 5/5/2022, after having dinner, the husband of the victim went to sleep on the terrace and the applicant slept in the house with his children. At around 1 O'clock in the night, applicant- Shivakant alias Lala, who is her neighbour, started knocking on her door. The victim opened the door thinking it to be her husband, thereafter, the applicant came inside the house and switched off the light and with wrong intentions, he started holding victim's hand. The victim made noise and upon hearing her noise, her husband and the people of the came and started chasing him. The applicant ran away abusing using casteist words to the victim. 4. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. The applicant has not committed any offence as alleged in the impugned FIR. He further submits that the victim in her statement recorded under Section 164 Cr.P.C. herself has admitted that the applicant has not committed any offene as alleged in the impugned FIR. He further submits that there are major contradictions in the statement of the victim recorded under Section 161 & 164 Cr.P.C. as well as FIR.. He further submits that a compromise between the parties has also occurred before the Senior Superintendent of Police, Prayagraj wherein, the victim/opposite party no.3 did not want to prosecute the applicant further. No case under the SC/ST Act is made out against the appellant and other offences. He further submits that there is no possibility of his absconding or tampering with the prosecution case. Hence, prayed to allow this appeal and grant of benefit of anticipatory bail to the appellant. 5. Learned counsel for the State opposed the appeal and prayed for its rejection. 6. Considering the facts and circumstances of the case and without commenting on merits of the case, the appeal is allowed. The impugned order dated 27.6.2025 is hereby set aside. 7. It is directed that in the event of arrest, appellant- Shivakant Alias Lala, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Arresting Authority/Investigating Officer/court concerned. 8. The appellant shall cooperate in the trial and shall regularly appear before the trial Court as and when required. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.. Order Date :- 6.8.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad