High Court · 2025

3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the impugned order dated 08.05.2025 passed by Special Judge (SC/ST Act), Ambedkar Nagar in Bail Application No. 946 of 2025, arising out of FIR/Case Crime No.190 of 2025, under Sections 70(1), 352, 351(3) of B.N.S. and Sections- 3(2)V, 3(2)V-A, 3(1)D, Dha of SC/ST Act, Police Station- Kotwali Akabarpur, District- Ambedkar Nagar.

4. While pressing the present appeal, learned counsel for the appellant submitted that co-accused -Santosh Pal has already been granted bail by this Court vide order dated 16.07.2025 passed in Criminal Appeal No.1441 of 2025. Relevant portion of same, referred above, is extracted hereinunder. "5. The contention of learned counsel for the appellant is to the effect that according to the case of prosecution appellant and co-accused Arvind @ Bholu Pal committed rape upon the victim. Thus it is a case of gang rape and accordingly the FIR was lodged in various sections including Section 70(1) B.N.S.

6. It is further stated that the victim was medically examined and upon due examination by the doctor, no injury was found on the body of victim, as would appear from the medical report annexed as Annexure C.A.6 to the counter affidavit filed by the State and as also Annexure 6 to the present appeal. Medical report further indicates that hymen was found intact by the doctor concerned. Thus, the story of the prosecution is completely bogus rather false.

7. Further submission is that before the trial court, the victim and the informant both have become hostile, as would appear from the statements of these persons annexed with the rejoinder affidavit filed today by the appellant's counsel.

8. It is further submitted that appellant, having no criminal history, is languishing in jail since 22.03.2025. In these circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail.

9. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the appellant.

10. Considered the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and all the relevant documents placed on record.

11. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order, as also the medico legal report and also the fact that the victim and informant have already been declared hostile and that the appellant is in jail since 22.03.2025 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed.

12. Order dated 25.04.2025 passed by the Special Judge (SC/ST Act), Ambedkar Nagar in Bail Application No.758 of 2025, arising out of FIR/Case Crime No.190 of 2025, under Sections- 70(1), 352, 351(3) of B.N.S. and Sections- 3(2)(v), 3(2)(v-a), 3(1)(Da)(Dha) of SC/ST Act, Police Station- Kotwali Akbarpur, District- Ambedkar Nagar is hereby set aside.

13. Let the appellant- Santosh Pal be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence. (v) 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 or to any police officer or tamper with the evidence. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

14. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law

15. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order."

5. It is further submitted that appellant, having no criminal history, is languishing in jail since 22.03.2025. In these circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail.

6. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the appellant.

7. Considered the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and all the relevant documents placed on record.

8. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order, as also the fact that co-accused, namely, Santosh Pal has already been granted bail by this Court vide order dated 16.07.2025, passed in Criminal Appeal No.1441 of 2025, including that the appellant is in jail since 22.03.2025 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed.

9. Order dated 08.05.2025 passed by Special Judge (SC/ST Act), Ambedkar Nagar in Bail Application No. 946 of 2025, arising out of FIR/Case Crime No.190 of 2025, under Sections 70(1), 352, 351(3) of B.N.S. and Sections- 3(2)V, 3(2)V-A, 3(1)D, Dha of SC/ST Act, Police Station- Kotwali Akabarpur, District- Ambedkar Nagar is hereby set aside.

10. Let the appellant- Arvind Pal @ Bholu Pal be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence. (v) 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 or to any police officer or tamper with the evidence. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

11. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law

12. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order. Order Date :- 13.8.2025 Anand/- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the impugned order dated 08.05.2025 passed by Special Judge (SC/ST Act), Ambedkar Nagar in Bail Application No. 946 of 2025, arising out of FIR/Case Crime No.190 of 2025, under Sections 70(1), 352, 351(3) of B.N.S. and Sections- 3(2)V, 3(2)V-A, 3(1)D, Dha of SC/ST Act, Police Station- Kotwali Akabarpur, District- Ambedkar Nagar.

4. While pressing the present appeal, learned counsel for the appellant submitted that co-accused -Santosh Pal has already been granted bail by this Court vide order dated 16.07.2025 passed in Criminal Appeal No.1441 of 2025. Relevant portion of same, referred above, is extracted hereinunder. "5. The contention of learned counsel for the appellant is to the effect that according to the case of prosecution appellant and co-accused Arvind @ Bholu Pal committed rape upon the victim. Thus it is a case of gang rape and accordingly the FIR was lodged in various sections including Section 70(1) B.N.S.

6. It is further stated that the victim was medically examined and upon due examination by the doctor, no injury was found on the body of victim, as would appear from the medical report annexed as Annexure C.A.6 to the counter affidavit filed by the State and as also Annexure 6 to the present appeal. Medical report further indicates that hymen was found intact by the doctor concerned. Thus, the story of the prosecution is completely bogus rather false.

7. Further submission is that before the trial court, the victim and the informant both have become hostile, as would appear from the statements of these persons annexed with the rejoinder affidavit filed today by the appellant's counsel.

8. It is further submitted that appellant, having no criminal history, is languishing in jail since 22.03.2025. In these circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail.

9. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the appellant.

10. Considered the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and all the relevant documents placed on record.

11. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order, as also the medico legal report and also the fact that the victim and informant have already been declared hostile and that the appellant is in jail since 22.03.2025 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed.

12. Order dated 25.04.2025 passed by the Special Judge (SC/ST Act), Ambedkar Nagar in Bail Application No.758 of 2025, arising out of FIR/Case Crime No.190 of 2025, under Sections- 70(1), 352, 351(3) of B.N.S. and Sections- 3(2)(v), 3(2)(v-a), 3(1)(Da)(Dha) of SC/ST Act, Police Station- Kotwali Akbarpur, District- Ambedkar Nagar is hereby set aside.

13. Let the appellant- Santosh Pal be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence. (v) 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 or to any police officer or tamper with the evidence. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

14. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law

15. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order."

5. It is further submitted that appellant, having no criminal history, is languishing in jail since 22.03.2025. In these circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail.

6. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the appellant.

7. Considered the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and all the relevant documents placed on record.

8. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order, as also the fact that co-accused, namely, Santosh Pal has already been granted bail by this Court vide order dated 16.07.2025, passed in Criminal Appeal No.1441 of 2025, including that the appellant is in jail since 22.03.2025 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed.

9. Order dated 08.05.2025 passed by Special Judge (SC/ST Act), Ambedkar Nagar in Bail Application No. 946 of 2025, arising out of FIR/Case Crime No.190 of 2025, under Sections 70(1), 352, 351(3) of B.N.S. and Sections- 3(2)V, 3(2)V-A, 3(1)D, Dha of SC/ST Act, Police Station- Kotwali Akabarpur, District- Ambedkar Nagar is hereby set aside.

10. Let the appellant- Arvind Pal @ Bholu Pal be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence. (v) 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 or to any police officer or tamper with the evidence. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

11. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law

12. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order. Order Date :- 13.8.2025 Anand/- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench