HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7734 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Learned counsel for the appellant prays for and is permitted to amend the prayer clause. 2. Heard learned counsel for the appellant, learned counsel for the informant and learned AGA as well as perused the entire record. 3. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Rahul Kumar to set aside the bail rejection order dated 09.06.2025 passed by Special Judge (S.C./S.T. Act), Firozabad arising out of Case Crime No. 72 of 2025, under Sections 64, 352, 351(2) B.N.S. & Section 3(2)5 of S.C./S.T. Act, Police Station- Narkhi, District- Firozabad. 4. Learned counsel for the appellant is that the appellant submits that the appellant is innocent and has been falsely implicated in this case. He submits that the alleged incident is said to have taken place on 06.02.2025 whereas the FIR has been lodged after due deliberation and consultation on 25.03.2025 after 28 days of the alleged incident but no plausible explanation regarding delay has been mentioned. The victim is married lady. As per medical, there is no enteral or external injury found on the body of the victim. As per statement of the victim recorded under Section 183 BNSS, the victim is consenting party and as such, no offence is made Versus Counsel for Appellant(s) : Noor Muhammad, Yogesh Kumar Srivastava Counsel for Respondent(s) : Chandan Singh, G.A., Harikrishna Tiwari, Lakshmi Kant Singh, Narendra Singh Rahul Kumar .....Appellant(s) State of U.P. and Another .....Respondent(s) out against the appellant. Learned counsel for the appellant further submits that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. Appellant is languishing in jail since 8.5.2025 having no criminal history. 5. On the other hand, learned counsel for the informant and learned A.G.A. have opposed the prayer for bail. 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 as well as victim is a consenting party, 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- Rahul Kumar, 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. 7734 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. 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 19, 2025 Krishna* CRLA No. 7734 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad