HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7866 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 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 15.07.2025 passed by Special Judge SC/ST Act, Kushi Nagar in Bail Application No.1925 of 2025 arising out of Case Crime No.214 of 2025, under Sections 137(2), 87 BNS and Section 3 (2) V SC/ST, Police Station Ramkola, District Kushi Nagar. 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. Prosecution story is that on 22.05.2025 at about 5 O'clock, the sister of informant was missing and it is presumed that appellant has enticed away to his sister. 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. As per statement of the victim recorded under Sections 180 and 183 of BNSS, victim was having love affair with the appellant for the last 5 years and she herself had gone with the appellant on her sweet will and visited several places like Padrauna, Gorakhpur etc., therefore, in view of her statement it can be inferred that the victim is a consenting party. The victim is a student of class-11. As per medical report, she is aged about 17 years and no internal and external injury found all over the body or private part of the victim. 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 04.06.2025 having no previous criminal history. Further submission is that the impugned order rejecting the Versus Counsel for Appellant(s) : Arun Kumar, Sunil Kumar Tiwari Counsel for Respondent(s) : Dharmendra Kumar, G.A. Irfan .....Appellant(s) State of U.P. and Another .....Respondent(s) 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-Irfan, 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 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. CRLA No. 7866 of 2025 2 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 25, 2025 Ajeet CRLA No. 7866 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad