Awadhesh Kumar Vs State of U.P. and Another

Learned AGA states that notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal. Copy of the notice is taken on record.

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This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to allow the appeal, set aside the bail rejection order dated 21.7.2025 passed by Special Judge (SC/ST Act)/ Additional Session Judge, Agra and to release the appellant on bail in Case Crime No.185/2025 under Section 69, 352, 351(2) B.N.S. and Section 3(1)(r), 3(1)(s), 3(2)(5) of the SC/ST Act, Police StationEtmaddaula, District - Agra.

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Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in this case. False allegation of promise to marry has been made by the mother of victim. FIR was lodged by the mother of the victim stating that accused Shyam Sisodia proposed her that accused Awadhesh is a well off person and will take proper care of her daughter if their marriage is solemnized. It has been further alleged that victim was taken by the accused Awadhesh at different hotels. Allegation has also been made that accused Awadhesh married with the victim in a temple. Further allegation against another accused Shyam Sisodia was made that he committed rape upon the victim. It was submitted by learned counsel that allegation made in the first information

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CRLA No. 6882 of 2025

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report indicates that parties were consenting and physical relationship between the appellant Awadhesh and victim has taken place by the consent of the victim. It was submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. Therefore, the appellant is also entitled to bail.

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Learned A.G.A. for the State has vehemently opposed the prayer for bail and has submitted that victim has clearly stated that she was befooled by the appellant Awadhesh by making false promise to marry. Even physical relationships were established on this false marriage. Therefore, the appellant is not entitled for bail.

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I have considered the rival submissions so made and have gone through the entire record.

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Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. Pending application, if any, shall stand disposed of.

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Let the appellant Awadhesh Kumar involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The appellant will not tamper with the evidence during the trial.

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(ii) The appellant will not pressurize/ intimidate the prosecution witness.

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(iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The appellant shall not commit an offence similar to the offence of

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CRLA No. 6882 of 2025

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which he is accused, or suspected, of the commission of which he is suspected.

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(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.

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In case of breach of any of the above conditions, the court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted.

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(Anil Kumar-X,J.)

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October 7, 2025 SK

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Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad

Awadhesh Kumar v. State of U.P. and Another

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Awadhesh Kumar v. State of U.P. and Another

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