Adesh Tyagi Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:135448

Court No. - 83

Case :- CRIMINAL APPEAL No. - 705 of 2025 Appellant :- Adesh Tyagi Respondent :- State of U.P. and Another Counsel for Appellant :- Sanjay Kumar Srivastava,Sr. Advocate Counsel for Respondent :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the bail rejection order dated 16.12.2024 passed by Special Judge, SC/ST Act Ghaziabad in IInd Bail Application No.6626 of 2024 (Adesh Tyagi vs. State of U.P.) in Case Crime No.402 of 2024, under Sections 64, 318 (2), 81, 82(1) B.N.S. and Sections 3(2)5, 3(1) W of SC/ST Act Police Station Kotwali, District Ghaziabad.

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Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Sanjay Kumar Srivastaa, learned counsel for the appellant, the learned AGA for the State-respondent no.1 and perused the entire record. Despite service of notice, none has appeared on behalf of respondent no.2.

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In short, the prosecution story is that on the pretext of marriage, the appellant has committed rape upon the victim several times. It is further alleged that according to the prosecutrix, she solemnized marriage with the appellant Adesh Tyagi and her marriage was also registered under Marriage Registration Rules, 2017.

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Submission of learned counsel for the appellant is that the appellant is innocent and has been falsely implicated in this case. The appellant has not committed any offence as alleged in the impugned FIR. Further submission is that the prosecution story is totally false and fabricated. The prosecutrix herself admitted her age about 28 years and has refused to get her medically examined. Learned counsel for the appellant has drawn attention of the Court towards the affidvit given by the prosecutrix before the court below stating therein that she has voluntarily made physical relation with the appellant and she has no objection, if he is released on bail. Appellant is languishing in jail since 14.09.2024 having no previous criminal history. Further submission is that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this

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Court.

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On the other hand, learned A.G.A. opposing the prayer for bail.

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I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.

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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, role assigned to the present appellant and the nature of injury, the Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside.

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Let the appellant- Adesh Tyagi, involved in aforesaid case crime number 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 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 prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 11.8.2025

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Ajeet

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

Adesh Tyagi v. State of U.P. and Another

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