HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4519 of 2026 Court No. - 76 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Ashutosh Kumar Mishra, Advocate, holding brief of Sri Ashvni Mishra, learned counsel for the appellant, Sri Ajay Singh, learned A.G.A.-I for the State and perused the record. 3. Notice was issued to the opposite party no. 2 vide order dated 5.5.2026. Office vide its report dated 17.09.2026 has reported that notice has been personally served on the opposite party no. 2 as per the report of C.J.M., Aligarh, which is dated 24.07.2026 which is placed on record as Flag-A. The said report of C.J.M. concerned encloses with it the report of concerned police station which states that notice has been served upon the opposite party no.2 personally. Further office vide its report dated 17.09.2026 has placed on record an Affidavit of Compliance No. 2 of 2026 of the State dated 19.06.2026, a perusal of which goes to show that in para no. 3 it is stated that notice has been served personally on the complainant herself and she has put her signature to the said effect. The same is annexed as Annexure no. 1 to the said affidavit. Despite service of notice, neither the opposite party no. 2 is present before the Court nor there is any representation on her behalf even in the revised list. The Court thus 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- Imran, with the prayer to set-aside the impugned order dated 24.3.2026 passed by Special Judge (SC/ST Act), Aligarh, in Bail Application No. 1058 of 2026, Imran vs. State of U.P., arising out of Case Crime No. 34 of 2026, under Sections 64(1), 123, 316(2), 351(3), 352 BNS and Section 3(2)5 of SC/ST Act, Police Station Javan, District- Aligarh, with a further prayer to release the appellant on bail in the aforesaid case. 5. The FIR of the matter was lodged on 22.01.2026 by the victim/opposite Versus Counsel for Appellant(s) : Ashvni Mishra, Gaurav Tiwari, Idrak Ahmad, Nimsha Khursheed Counsel for Respondent(s) : G.A. Imran .....Appellant(s) State of U.P. and Another .....Respondent(s) party no. 2 against the appellant alleging therein that the appellant is a resident of her village and sells saree. On 22.06.2025 about 7 months ago he finding her alone in the house made her to smell some substance, after which he raped her. When she regained her consciousness she found herself nude, after which Imran told her that he has clicked a video of the act and if she makes a complaint, he would murder her family. He used to blackmail her and established physical relationship with her. In the meantime, he took money and jewellery from her. She did not tell about it to any one and then went to her maternal house. Imran abused her using caste relates words. A report be lodged and action be taken. 6. Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. It is submitted that the victim is a major, married woman aged about 40 years. It is submitted that the present F.I.R. has been lodged after an unexplained delay of 7 months. It is submitted that during investigation no such alleged video or photographs has been recovered from the possession of the appellant. It is submitted while placing para-19 of the affidavit, that the police did not find any jewellery, video or any objectionable material from the appellant and the appellant has not misbehaved with the victim. The appellant has no criminal history as stated in para 28 of the appeal and is in jail since 23.1.2026. 7. Per contra, learned counsel for the State opposed the appeal and prayer for bail. 8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major, married woman aged about 40 years. The present F.I.R. has been lodged after an unexplained delay of 7 months. During investigation no such alleged video or photographs has been recovered from the possession of the appellant. The appellant has no criminal history. 9. 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. 10. Let the appellant- Imran, 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. 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 CRLA No. 4519 of 2026 2 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 appellant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS/82 Cr.P.C., may be issued and if appellant 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 BNS/174-A I.P.C. (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 251 BNSS/313 Cr.P.C. If in the opinion of the trial court absence of the appellant 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 BNS/229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the appellant. 11. 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. 12. Accordingly, the appeal succeeds and the same stands allowed. 13. The impugned order dated 24.3.2026 passed by Special Judge (SC/ST Act), Aligarh is hereby set aside. 14. Pending application(s), if any, shall stand disposed of. September 18, 2026 Naresh CRLA No. 4519 of 2026 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad