HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 6851 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. Ref: Criminal Misc. Bail Application No.01 of 2025 1. 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 02.07.2025 passed by Special Judge (SC/ST Act) Shahjahanpur in Bail Application No.1617 of 2025 arising out of Case Crime No.239 of 2025, under Sections 64(1), 115(2), 352, 351(3) BNS and Section 3(2)V of SC/ST Act, Police Station Kanth, District Shahjahanpur. 2. Heard learned counsel for the appellant, the learned AGA for the State- respondent no.1, learned counsel for the informant/opposite party no.2 and perused the entire record. 3. According to the prosecution case, on 14.05.2025 at about 7.45 pm, the informant had gone to toiled behind her house, then the accused appellant caught her and took her in a field, where he has committed rape upon her. It is further alleged that when the victim made a noise, the appellant had beaten her with kicks and sticks and also threatened to kill her if she told anything to anyone. 4. 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 FIR is delayed about one day. Victim is major and married lady. As per statement of the victim recorded under Sections 180 and 183 of BNSS, there are Versus Counsel for Appellant(s) : Sikandar Raza Counsel for Respondent(s) : G.A., Jainendra Kumar Pandey Mobeen .....Appellant(s) State of U.P. and Another .....Respondent(s) material contradictions in her statement and it appears that the victim is a consenting party. No any medical report is supported the prosecution story. Essential ingredients to constitute the offence under the SC/ST Act are lacking in the matter. 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 16.05.2025 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. 5. On the other hand, learned A.G.A. as well as learned counsel for the informant vehemently opposed the the prayer for bail of 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, 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. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 9. Let the appellant-Mobeen, 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 CRLA No. 6851 of 2025 2 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. September 23, 2025 Ajeet CRLA No. 6851 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad