AKASHversusSTATE OF UP AND ANOTHER

          HIGH COURT OF JUDICATURE AT ALLAHABAD

                   CRIMINAL APPEAL No. - 9589 of 2026

Akash
                                                              .....Appellant(s)
                                   Versus
State of U.P. and Another
                                                            .....Respondent(s)

Counsel for Appellant(s)         : Manish Kumar Kashyap, Virendra Pal
                                   Singh
Counsel for Respondent(s)        :

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
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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.
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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.
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                                    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
                                                                                                    (Samit Gopal,J.)




Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad