HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 5673 of 2026 Court No. - 76 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Durgesh Kumar Singh, learned Senior Advocate assisted by Sri Raghvendra Pratap Rajan, learned counsel for the appellant and Sri Devendra Nath Mishra, learned counsel for the State and perused the record. 3. Counter affidavit dated 06.08.2025 of the State is on record. Perusal of paragraph 3 of the same goes to show that notice has been served on the first informant / opposite party no.2 by the S.H.O. concerned on 03.08.2026, proof of receipt of notice is annexed as Annexure No. CA-1 to the same. Despite service of notice neither the opposite party no.2 is present before the Court nor there is any representation on her behalf. 4. Rejoinder affidavit dated 23.08.2026 on behalf of the appellant to the counter affidavit of the State is also on record. The Court proceeds to hear the matter. 5. This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant- Shubham Yadav, with the prayer to set aside the order dated 02.05.2026 passed by the Special Judge, SC/ST (P.A.) Act, Ghazipur in Case Crime No. 34 of 2026, under Sections 69 B.N.S. and Section 3(2)(5) S.C./S.T. Act, Police Station Karanda, District Ghazipur, with a further prayer to release the appellant on bail, during the pendency of trial. 6. The first information report of the present matter was lodged on 12.03.2026 by the victim against the appellant alleging therein that on a false Versus Counsel for Appellant(s) : Prabha Upadhyay, Raghvendra Pratap Rajan Counsel for Respondent(s) : G.A. Shubham Yadav .....Appellant(s) State of U.P. and Another .....Respondent(s) promise to marry since the last three years the appellant has been establishing illegal physical relationship with her. On 11.03.2026 at about 9 am he called her on phone and told her to meet him in the night or else he would make her photographs viral. She got terrified and then called him at about 11:16 pm to her house where he reached and they were caught by the neighbours. He then showed that he has married her but later on refused marriage with her. 7. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. It is submitted that the relationship between the appellant and the victim was a consensual relationship. It is submitted that the victim was aged about 19 years & 02 months on the date of occurrence as her date of birth recorded in her High School mark-sheet is 01.01.2007. It is submitted that the relationship between the appellant and the victim was on some discussion of marriage between them which could not materialize. It is submitted that the first information report has been lodged after an inordinate delay of three years. The appellant has no criminal history as stated in para 25 of the affidavit and is in jail since 17.03.2026. 8. Per contra, learned counsel for the State opposed the prayer for bail. 9. After having heard learned counsel for the parties and perusing the record, it is evident that appellant and the victim were in relationship since last three years and there was some discussion of marriage between them which could not materialize hence the present first information report has been lodged. 10. 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. 11. Let the appellant- Shubham Yadav, 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 whatsoever. CRLA No. 5673 of 2026 2 (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 B.N.S.S., 2023 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 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 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 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. 12. 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. 13. Accordingly, the appeal succeeds and the same stands allowed. 14. The impugned order dated order dated 02.05.2026 passed by the Special Judge, SC/ST (P.A.) Act, Ghazipur of the aforesaid case is hereby set aside. 15. Pending application (s), if any, shall stand disposed of. September 18, 2026 AS Rathore CRLA No. 5673 of 2026 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad