Neutral Citation No. - 2025:AHC:123826 Court No. - 83 Case :- CRIMINAL APPEAL No. - 475 of 2025 Appellant :- Aurangjeb Respondent :- State of U.P. and Another Counsel for Appellant :- Dinesh Yadav,Vivek Kumar Yadav Counsel for Respondent :- G.A.,Nitin Raj Singh,Raj Singh Hon'ble Nalin Kumar Srivastava,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Mrityunjay Dwivedi, learned counsel for the appellant, learned counsel for the opposite party no.2 as well as the learned Additional Government Advocate for the State-respondent. 3. This criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, has been filed by the appellant - Aurangjeb with a prayer to quash the order dated 2.01.2025 passed by Special Judge (SC/ST Act), Aligarh, arising out of Case Crime No.141 of 2024, under Section 87, 123, 70(1), 115(2), 309(4) of B.N.S. and 3(2)(V) of Sc/St Act, Police Station Chandaus, District Aligarh. 4. Learned counsel for the appellant submits, however, as per allegation co-accused and the appellant abducted the o.p. no.2 on 04.07.2024. and she was in their confinement till 13.07.2024 and they committed gang-rape upon her and also committed loot from her but entire allegation levelled against the appellant is totally false. 5. He next submits, story narrated by the victim i.e. opposite party no.2 in the FIR as well as in her both the statements recorded under Section 180 and 183 B.N.S.S. is totally false and does not inspire any confidence. 6. He further submits even from the statements of the witnesses Naeem and others which have been annexed along with the instant appeal it reflects on 05.07.2024 on-wards several times opposite party no.2 had mobile conversation with them and from their statements it could not be reflected that she was in the confinement of the appellant and co-accused and statements of Naeem and Devendra completely belies the prosecution case. 7. He next submits, appellant is not having any previous criminal history and in the present matter he is in jail since 15.9.2024. 8. He further submitted, therefore, the impugned order dated 2.01.2025 passed by the court concerned by which bail application of the appellant has been dismissed is illegal and is liable to be set aside and appellant is entitled to be enlarged on bail in the present matter. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the aforesaid facts. 10. I have heard both the parties and perused the record of the case. 11. However, as per allegation appellant along with co-accused abducted the opposite party no.2 on 04.07.2024 and kept her in confinement till 13.07.2024 and committed rape upon her along with co-accused but from the statements of the witnesses Naeem and Devendra recorded during investigation it reflects o.p. no.2 had mobile conversation with them from 05.07.2024 on-wards and considering their statements, the arguments advanced by learned counsel for the appellant that their statements suggest o.p. no.2 was never in confinement of the appellant and co-accused cannot be ruled out at this stage. Further, even story narrated by the o.p. no.2 in the FIR as well as in her both the statements recorded during investigation does not appear to be convincing. 12. Further, admittedly, opposite party no.2 is a major lady and appellant is not having any previous criminal history and in the present matter he is in jail since 15.9.2024. 13. Therefore, considering the facts and circumstances of the case, discussed above, in my view, impugned order dated 02.01.2025 by which bail application of the appellant has been dismissed by the court concerned is illegal and is liable to be set aside and appellant is entitled to be released on bail in the instant matter. 14. Accordingly, the instant appeal stands allowed and the impugned order dated 2.01.2025 passed by the court concerned is hereby set aside and without expressing any opinion on the merit of the case, appellant is directed to be enlarged on bail in the instant matter. 15. Let the aforesaid appellant be released on bail in the aforesaid case case crime number on his furnishing a personal bond and two reliable sureties in the like amount to the satisfaction of the court concerned with the following conditions: (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. 16. 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 :- 28.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad