HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8838 of 2026 Court No. - 76 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Vinay Saran, learned Senior Advocate assisted by Sri Bhriguram Ji, learned counsel for the appellant, Sri Dhirendra Bahadur Singh, learned counsel for the opposite party no.2/first informant and Sri Ajay Singh, learned AGA-I for the State and perused the records. 3. A second supplementary affidavit dated 25.09.2026 is on record which is being relied by learned counsel for the appellant, copy of it has been provided today in Court to learned counsel for the opposite party no.2 who submits that he is ready for arguments. The Court proceeds to hear the matter. 4. This criminal appeal under Section 14A(2) of SC/ST (Prevention of Atrocities) Act, 1989 has been filed by the appellant Dr. Badri Prasad Agrawal with the prayer to allow the appeal by setting aside the impugned bail rejection order dated 15.07.2026 passed by Special Judge (SC/ST Act), Jhansi in Case Crime No. 184 of 2025, under Sections 64(2)(d), 123, 352, 351(2) BNS and Section 3(2)(V) SC/ST Act, Police Station Nawabad, District Jhansi and with a further prayer to grant anticipatory bail to the appellant in the aforesaid case till trial. 5. The FIR of the matter was lodged on 20.05.2025 by the victim / opposite party no.2 against the appellant alleging therein that she is a household worker in the house of the appellant since last four years. On 04.11.2024 the accused told her to consume tea and after consuming tea she became unconscious. In the meantime, he committed rape upon her. When she regained consciousness she found her to be nude and then shouted on which he came and threatened her that he has been made a video of the incident and would make it viral if she tells to anyone about it. She pleaded that the same may not be made viral on which he abused her and threatened her. She is quite terrified. Report be lodged and action be taken. Versus Counsel for Appellant(s) : Ashutosh Kumar Gupta, Bhriguram Ji Counsel for Respondent(s) : Dhirendra Bahadur Singh, G.A., Ruchir Sharma Dr Badri Prasad Agrawal .....Appellant(s) State of U.P. and Another .....Respondent(s) 6. The matter was investigated and a charge sheet dated 17.07.2025 was filed against the appellant for offences under Sections 64(2)(d), 123, 352, 351(3) BNS and Section 3(2)(5) SC/ST Act. The Court of the Special Judge, SC/ST (Prevention of Atrocities) Act, Jhansi vide order dated 21.05.2026 took cognizance upon the same and summoned the applicant. Thus the present appeal has been filed with the aforesaid prayers. 7. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. It is submitted while placing para 21 of the affidavit that the appellant is a senior citizen aged about 79 years. It is further submitted that the FIR was lodged after an unexplained delay of more than six months inasmuch as the present incident is stated to have occurred on 04.11.2024 but the FIR has been lodged on 20.05.2025. It is further submitted that the present FIR was challenged in a writ petition before this Court being Criminal Misc. Writ Petition No. 12721 of 2025 (Dr. Badri Prasad Agrawal Vs. State of U.P. and 3 others) in which vide order dated 17.06.2025 a Division Bench of this Court had stayed the arrest of the petitioner during the period of investigation and till cognizance is taken on the police report by the court concerned. It is further submitted that no such alleged video has been recovered during investigation. It is submitted that to the contrary a pen-drive was provided by the first informant to the police which was containing a video recording which was recorded surreptitiously by the victim of the appellant and she was blackmailing the appellant on the basis of the said recording. The details of the recording have been recorded in the case diary which has been placed before the Court which are at page 60 of the paper book. It is submitted that the appellant has no criminal history as stated in para 21 of the affidavit. It is further submitted that during the period of investigation, there was no complaint ever made regarding the appellant not cooperating in it or threatening the witnesses. It is submitted that the prayer for anticipatory bail be allowed. 8. Per contra, learned counsel for the State and first informant / opposite party no.2 opposed the present petition and submissions of learned counsel for the appellant. Learned counsel for the first informant submitted that the appellant is a politically active person and because of the said reason the FIR was not being lodged and when she took the said video to the police station then the FIR was lodged. It is submitted that the appellant is named in the FIR and there are allegations against him. 9. After having heard learned counsels for the parties and perusing the records, it is evident that the FIR has been lodged after a delay of about six months and 16 days from the date of occurrence. The appellant is stated to be aged about 79 years. During the period of investigation, his arrest was stayed by an order passed in a writ petition by a Division Bench of this Court. Charge sheet in the matter has been submitted on which cognizance has been taken. There is nothing reported against the appellant of not cooperating with the investigation or threatening the CRLA No. 8838 of 2026 2 witnesses. No such alleged video has been recovered either from the possession or pointing out of the appellant. 10. Without expressing any opinion on the merits of the case, considering the nature of accusation, the appellant is entitled to be released on anticipatory bail in this case. 11. In view of the same, the prayer for anticipatory bail in the appeal succeeds and the same stands allowed. The impugned order dated 15.07.2026 passed by Special Judge (SC/ST Act), Jhansi is hereby set aside. 12. In the event, the appellant Dr. Badri Prasad Agrawal if arrested in the aforesaid case shall be released on anticipatory bail during period of trial on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The appellant shall appear before the court concerned within a period of two weeks from today and file certified copy of this order for its compliance. (ii) the appellant shall make himself available on each and every date fixed in the matter by the court concerned. (iii) 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. (iv) the appellant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 13. In case, the appellant does not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the appellant shall be taken into custody, forthwith. 14. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 15. The court concerned shall not be prejudiced by any observation made by this Court while considering the present anticipatory bail application of the appellant. 16. Pending application(s), if any, stand disposed of. September 29, 2026 M. ARIF CRLA No. 8838 of 2026 3 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad