Raj Kumar Maurya vs State of U.P. and Another

As per office report, notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal.

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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 a prayer to allow the appeal, set aside the bail rejection order dated 11.08.2025 passed by the Court of Special Judge SC & ST Act, District Sonbhadra in Bail Application, and to release the appellant on bail in Complaint Case No.83 of 2024 under Sections 115(2), 352, 74, 76 of B.N.S., 2023 and Section 3(2)(v-a) of the S.C./S.T. Act, Police Station Ghorawal, District Sonbhadra.

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Learned counsel for the appellant has submitted that a false allegation of assault, abuse and molestation has been made against the appellant. Complainant in her complaint has stated that the appellant and other coaccused stopped her and her daughter-in-law in the way and started abusing her without any reason. Further, they assaulted and also disrobed her. It was further submitted that the appellant is innocent and has been falsely implicated in this case. He has not committed any offence. It was submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by

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CRLA No. 8066 of 2025

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this Court. In such circumstances, the appellant is entitled to bail.

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Learned A.G.A. has vehemently opposed the prayer for bail and has submitted that statement of the victim is sufficient to indicate that she was abused, assaulted and molested by the appellant. Hence, the appellant is not entitled to 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, 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-Raj Kumar Maurya involved in the aforesaid case 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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CRLA No. 8066 of 2025

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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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November 19, 2025 SK

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

Raj Kumar Maurya v. State of U.P. and Another

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Raj Kumar Maurya v. State of U.P. and Another

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