Neutral Citation No. - 2025:AHC-LKO:10814 Court No. - 13 Case :- CRIMINAL APPEAL No. - 58 of 2025 Appellant :- Paramjeet Yadav @ Sandeep Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Appellant :- Rama Kant Dixit Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Counter affidavit filed by learned A.G.A. is taken on record. 2. Heard learned counsel for the appellant and learned A.G.A. for the State. 3. It is evident from the record that notice is already served on respondent no.2, but none appears on his behalf. Therefore, this appeal is being decided with the assistance of learned counsel for the appellant and learned A.G.A. 4. The instant appeal has been filed by the appellant seeking following reliefs:- "To set aside the impugned bail rejection order dated 13.12.2024 passed by learned Special Judge, SC/ST Act, Bahraich in Bail Application No. 2924/12A/2024 and to release the appellant on bail in Case Crime No. 298 of 2024, u/s 87, 64(1), 351(3) B.N.S. and 3(2)(v) SC/ST Act, Police Station- Visheshwarganj, District- Bahraich." 5. Learned counsel for the appellant submits that although the victim was already married yet she joined the company of the appellant on her own wish. The missing report of the victim was given by her father to the police on 30.07.2024, in which, it is categorically mentioned that the victim was already married with one Manoj Kumar s/o Sheshraj. Later on, the victim came back to her house and then on the basis of concocted facts, the F.I.R. in question was lodged by the informant of the present case against the appellant. It is further submitted that during the course of the investigation, statements of the victim were recorded u/s 180 and 183 B.N.S.S., but nowhere she explained that she was already married. The victim is a major and prudent lady. The charge-sheet has already been filed by the Investigating Officer. It is lastly submitted that there is no possibility of tempering of any evidence and all these materials were not considered by learned trial Court at the time of deciding the bail application, hence, the impugned order is liable to set aside and the appellant is entitled for bail. 6. Learned A.G.A. vehemently opposes the prayer of the appellant. However, he does not dispute the fact that prior to the date of the incident, the victim was already married, but in her statement, she has not disclosed this fact. 7. Considering the submissions of learned counsel for the parties and going through the contents of the appeal, impugned order, annexure no.2 which is a missing report of the victim dated 30.07.2024 as well as other relevant materials, this Court is of the view that the impugned order is liable to the set aside and the appellant is entitled for bail. 8. Resultantly, in view of the above facts and circumstances of the case as well as keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is accordingly allowed. The impugned bail rejection order dated 13.12.2024 passed by learned Special Judge, SC/ST Act, Bahraich in Bail Application No. 2924/12A/2024 is hereby set aside. 9. Let the appellant- Paramjeet Yadav @ Sandeep involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:- (i) The appellant shall file an undertaking to the effect that he will not seek any adjournment on the dates 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. (ii) The appellant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the 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 174-A of the Indian Penal Code. (iv) 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. 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. 10. Office is directed to communicate this order to the trial court, forthwith. Order Date :- 19.2.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench