HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9589 of 2026 Court No. - 76 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Manish Kumar Kashyap, learned counsel for the appellant, Sri Abhishek Prajapati, Advocate holding brief of Sri Jitendra Kumar Bind, learned counsel for the opposite party no.2 and Sri Ajay Singh, learned A.G.A.-I for the State and perused the record. 3. Learned counsel appearing on behalf of the opposite party no.2 submits that the Vakalatnama of Sri Jitendra Kumar Bind has been uploaded on the portal yesterday i.e. 22.09.2026. The office to do the needful and ensure that it is loaded forthwith. 4. This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant- Akash, with the prayer to set aside the order dated 17.08.2026 passed by the Special Judge (SC/ST Act), Aligarh, arising out of Case Crime No. 480 of 2026, under Sections 69, 115(2), 352, 351(2), 351(3) B.N.S. and Section 3(2)V S.C./S.T. Act, Police Station Bannadevi, District Aligarh, with a further prayer to release the appellant on bail in the aforesaid case during the pendency of trial. 5. The first information report of the present matter was lodged on 05.07.2026 by the victim against the appellant alleging therein that she is a resident of Aligarh. The appellant is a resident of Ghaziabad and used to visit his relative in Aligarh where she met him around 11/2 years back and he made a false promise to marry with her and established physical relationship Versus Counsel for Appellant(s) : Manish Kumar Kashyap, Virendra Pal Singh Counsel for Respondent(s) : Akash .....Appellant(s) State of U.P. and Another .....Respondent(s) with her. He also took her to Kashi where they lived in a house for about one month. He lured her and established physical relationship forcibly with her. He used to take her to various places and commit rape upon her. When she asked him to marry her he abused her and misbehaved with her. He also gave her some intoxicating thing to eat and committed rape upon her and made a video of it. He is threatening her if she does not listen to him he would make her video viral. Then he took her to Noida and assaulted her from where on 10.06.2026 she somehow ran away and told about the incident to her parents. 6. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. It is submitted that the victim was produced before the doctor who refused her medical examination. It is further submitted that the victim is a major girl aged about 21 years as disclosed by her in her statements during interrogation. It is submitted that the relationship between the victim and the appellant was consensual relationship and she even went to various places with him and lived there for long periods without any objection or resentment. It is submitted that the said conduct of the victim shows that she was a consenting party. It is submitted that no such objectionable video has been recovered during investigation and thus the prosecution of the appellant is not under the I.T. Act. The appellant has no criminal history as stated in para 26 of the affidavit and is in jail since 27.07.2026. 7. Per contra, learned counsel for the opposite party no.2 and learned counsel for the State opposed the prayer for bail but could not dispute the arguments as aforesaid. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major girl. The relationship between the victim and the appellant was since last 11/2 years. She even stayed with him at various places for long periods without any objection. There appears to be some discussion of marriage between them which could not materialize and thus the present first information report has been lodged. 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. CRLA No. 9589 of 2026 2 10. Let the appellant- Akash, 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. (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. 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. CRLA No. 9589 of 2026 3 13. The impugned order dated 17.08.2026 passed by the Special Judge (SC/ST Act), Aligarh of the aforesaid case is hereby set aside. 14. Pending application (s), if any, shall stand disposed of. September 23, 2026 AS Rathore/e-file CRLA No. 9589 of 2026 4 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad