HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4171 of 2026 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Jalaj Singh, learned counsel for the appellant, Ms. Purti Agarwal, learned counsel for the opposite party no.2 and Sri Ram Prakash Shukla, learned counsel for the State and perused the record. 3. This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant- Amir Hasan, with the prayer to set aside the bail rejection order dated 07.03.2026 passed by the Additional Session Judge / Special Judge (SC/ST Act), Hamirpur in Bail Application No. 244 / 2026 (Amir Hasan Vs. State of U.P.) arising out of Case Crime No. 271 of 2025, under Sections 87, 64(1), 351(3) B.N.S. and Section 3(2)V, 3(1)da S.C./S.T. Act, Police Station Kurara, District Hamirpur. 4. The first information report of the present matter was lodged on 28.11.2025, under Section 87 B.N.S. by the opposite party no.2 against unknown person alleging therein that on 27.11.2025 at about 3.30 pm his daughter aged about 18 years went on her scooty without informing anyone. Some unknown person has lured and enticed her away. She was searched but could not be traced. She used to talk from her mobile on a mobile to someone. A report be lodged and action be taken. 5. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. It is submitted that the appellant is not named in the first information report. It is submitted that the victim in her statement recorded under Section 180 B.N.S.S. has stated that she went from the house on her own as she got angry from her mother and went to the house of her elder sister from where her brother-in-law informed her father that she has come to his house. Later on other family members came and took her back. No one has enticed her away. She went from the house as she was angry. There was no illegal act committed on her. It is submitted that subsequently in her statement recorded under Section 183 B.N.S.S. she changes Versus Counsel for Appellant(s) : Jalaj Singh Counsel for Respondent(s) : G.A., Purti Agarwal Amir Hasan .....Appellant(s) State of U.P. and Another .....Respondent(s) the entire prosecution version and states that on 27.11.2025 at about 4 pm she was in a college and called the appellant Amir Hasan through phone of her friend on which he threatened her of marrying him or else he would launch her objectionable photographs on which she went with him and he committed rape on her. She went to various places where she was threatened by him. He was continuously pressurizing her for marriage and blackmailing her. It is submitted that thus there are serious contradictions and variations in the statements of the victim recorded during investigation. It is further submitted that as per the first information report itself the victim was aged about 18 years and thus a major. It is submitted that even otherwise the date of birth of the victim as per the High School mark-sheet is 07.12.2006 and thus she was aged about 19 years at the time of incident. It is submitted that the medical evidence does not corroborate with the prosecution story as the doctor did not opine about any rape being committed and did not find any external or internal injury on her body. The appellant has no criminal history as stated in para 24 of the affidavit and is in jail since 02.12.2025. 6. Per contra, learned counsel for the opposite party no.2 and learned counsel for the State opposed the prayer for bail in the present appeal. It is submitted that the victim in her statement recorded under Section 183 B.N.S.S. has named the appellant and has levelled allegations of rape on him. It is submitted that the present case is a case which needs to be put up for trial and then actual facts would come. It is submitted that the prayer for bail be rejected. 7. After having heard learned counsel for the parties and perusing the record, it is evident that as per the first information report itself the victim was stated to be a major and even as per her High School mark-sheet she was a major. There are serious contradictions and variations in her statements recorded during investigation as at one point of time she states that she went from the house after getting angry with her mother whereas in her other statement she states of calling the appellant through phone of her friend and he threatened her of marrying him and committing rape on her. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the appellant may be enlarged on bail. 9. Let the appellant- Amir Hasan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The appellant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. CRLA No. 4171 of 2026 2 (ii) The appellant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The appellant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 B.N.S., 2023. (v) The appellant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the appellant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison. 11. Accordingly, the appeal succeeds and the same stands allowed. 12. The impugned order dated 07.03.2026 passed by the Additional Session Judge / Special Judge (SC/ST Act), Hamirpur of the aforesaid case is hereby set aside. May 7, 2026 AS Rathore CRLA No. 4171 of 2026 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad