HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8533 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1.Sri R.P. Singh, Advocate has filed vakalatnama on behalf of the informant is taken on record. 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 to set aside the impugned order dated 30.8.2025 passed by learned Special Judge, (SC/ST Act)/Additional Sessions Judge, Agra in Case crime no. 188 of 2025, under Section 64 (1), 352, and 351 (2) B.N.S. and 3 (2) (V) SC/ST Act, P.S. Hariparvat , District Agra with a further prayer to release the appellant on bail. 4.According to the prosecution story that on 12.3.2025 the victim was alone practicing of singing in the recovery room then the accused appellant came and committed rape upon her. 5. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. The applicant has not committed any offence as alleged in the FIR. The appellant has no concerned with the alleged incident. It has further submitted by the learned counsel for the appellant that the appellant was having love relationship with the victim but after sometime when some well-wishers of the accused had advised him that because both of them belongs to different religions families of both of them as well as the society also will accept their relationship thus after consulting the informant the appellant had broken-up his relationship with the victim. Versus Counsel for Appellant(s) : Azhar Hussain, Mohd Ghufran Hasan Counsel for Respondent(s) : G.A. Amir Hussain .....Appellant(s) State of U.P. and Another .....Respondent(s) The appellant is still love the informant and he is ready to marry with her. The statement of the victim recorded under Sections 180 and 183 B.N.S. is not believable. Appellant is languishing in jail since 19.7.2025 having no criminal history. 6. On the other hand, learned counsel for the complainant and learned A.G.A. have opposed the prayer for bail. 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 , 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- Amir Hussain involved in aforesaid case 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 CRLA No. 8533 of 2025 2 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 22, 2025 A. CRLA No. 8533 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad