HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7351 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. In this case notice has already been served upon the informant. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant Vineet Singh Alias Ankur to set aside the order dated 17.07.2025 in 2nd Bail Application No. 964 of 2025 and to release him on bail in Case Crime No.115 of 2025, under Sections 137(2), 87 B.N.S. & Section 3(2)(V) S.C./S.T. Act, P.S. Kotwali Dehat, District Banda. 3. Heard learned counsel for the appellant, the learned AGA for the State- respondent no.1 and perused the entire record. 4. According to the prosecution case, the FIR of the incident has been lodged on the next day of the incident i.e. 25.05.2025 stating therein that on the day of incident the appellant who is neighbour of the informant has enticed his daughter namely Priyanka 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. Essential ingredients to constitute the offence under the SC/ST Act are lacking in the matter. Appellant is languishing in jail since 30.06.2025 having no criminal history. As per the medical examination report the Versus Counsel for Appellant(s) : Akash Singh Chauhan, Ghanshyam Pandey, Narendara Mohan Counsel for Respondent(s) : Akhand Pratap Singh, G.A., Shobhit Yadav Vineet Singh Alias Ankur .....Appellant(s) State of U.P. and Another .....Respondent(s) victim herself admitted her age as 19 years, as such she is major and there are much contradictions in the statement of the victim recorded under section 180 and 183 BNSS. 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. On the other hand, learned A.G.A. opposing the prayer for bail had have submitted that the appellant committed the present offence having knowledge that the victim belonged to S.C./S.T. Community. There is no infirmity or illegality in the impugned order. 7. 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. 8. 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. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 10. Let the appellant-Vineet Singh Alias Ankur 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 which he is accused, or suspected, of the commission of which he is CRLA No. 7351 of 2025 2 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. 11. 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 8, 2025 RPD CRLA No. 7351 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad