Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 93858 (ALL)

SHAHIL v. STATE OF U.P. AND ANOTHER

CRLA/8188/2025 · 2025-10-08

Sandeep Chaudhary Joint Registrar Judicial

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8188 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Sri Brijesh Kumar Pandey, learned Advocate has put in appearance in this matter on behalf of opposite party no.2. 2. Heard learned counsel for appellant, learned counsel for informant and the learned AGA for State. 3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant- Shahil with the prayer to allow the appeal, set aside the bail rejection order dated 27.08.2025 passed by Special Judge Schedule Caste/Schedule Tribe Act Amroha in Case Crime No.682 of 2025 Under Section 64, 87, 123 B.N.S. and 3(2)5 Schedule Caste/Schedule Tribe Act, Police Station-Majhola, District-Moradabad. 4. Learned counsel for the appellant has submitted that victim and appellant themselves went together to Dehradun. The said fact is mentioned in the statement of victim recorded before the Magistrate. Victim has stated that the appellant was her friend since school time. She has also stated that she left with appellant on her own free will and stayed at Dehradun in a rented room. She has also admitted that she went with the appellant with an intention to marry him. Therefore, the appellant is entitled for bail. . 5. Learned AGA for State has submitted that victim in her statement under Section 183 Cr.P.C. has also admitted that appellant established physical relation with her in an unconscious state after she was administered some sedative substance. 6. I have considered the rival submissions so made and have gone through Versus Counsel for Appellant(s) : Sandeep Kumar Srivastava Counsel for Respondent(s) : G.A. Shahil .....Appellant(s) State of U.P. and Another .....Respondent(s) the entire record. 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, severity of punishment, the Court is of the opinion that the appellants have made out a case for bail. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. Let the appellant- Shahil involved in Case Crime No.682 of 2025 Under Section 64, 87, 123 B.N.S. and 3(2)5 Schedule Caste/Schedule Tribe Act, Police Station-Majhola, District-Moradabad, 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. 10. In case of breach of any of the above conditions, the concerned Court shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. (Anil Kumar-X,J.) October 9, 2025 Mukesh CRLA No. 8188 of 2025 2 Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad