Neutral Citation No. - 2025:AHC-LKO:10834 Court No. - 13 Case :- CRIMINAL APPEAL No. - 168 of 2025 Appellant :- Praveen @ Praveen Pal Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Dharmendra Kumar Misra Counsel for Respondent :- G.A.,Ashish Shukla,Gaurav Mishra,Jainendra Singh Hon'ble Rajeev Singh,J. 1. Counter affidavit filed by learned counsel for the complainant is taken on record. 2. Heard learned counsel for the appellant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record. 3. The present appeal has been filed for quashing the impugned order dated 01.01.2025 passed by learned Special Judge, SC/ST Act/Additional District and Sessions Judge, Court No.2, Unnao in Bail Application No.3652/2024 arising out of Case Crime No.0127/2023 under Sections 323, 504, 506, 354-Kha, 376 I.P.C. and Section 3(2)(5) of SC/ST Act, Police Station- Bihar, District- Unnao. 4. Learned counsel for the appellant has submitted that the appellant was falsely implicated in the present case and he is in jail since 09.12.2024. He has further submitted that the property in question is recorded in the name of grandfather of the appellant and the complainant and other family members were willing to raise construction over the said property. When the objection was raised from the appellant's side then some quarrel was taken place between the parties. Thereafter, on the basis of incorrect facts, FIR of case in question was lodged on 17.06.2023. He has further submitted that grandfather of the appellant had moved one application on 08.06.2023 before the Sub-Divisional Magistrate concerned, on which, the order was passed directing the competent authority to take appropriate action but no action was taken. He has further submitted that as per the prosecution case, the incident was taken place on 12.06.2023 but the FIR was lodged on 17.06.2023. In the FIR, no any allegation of rape was levelled against the appellant. He has further submitted that during the investigation, statement of victim and other witnesses were recorded under Section 161 CrPC and in the statements also, no allegation of rape was made. Thereafter, statement of victim was recorded under section 164 CrPC, in which, first time, she made allegation of putting finger into her genital parts. Majid statement of the complainant was also recorded, in which, she developed a case of fingering as stated by the victim in her statement recorded under Section 164 CrPC. He has further submitted that suit for permanent injunction has also been filed by the grandfather of the appellant which is registered as Regular Suit No.351 of 2024, in which, stay order was passed by the competent authority on 16.04.2024. He has further submitted that trial court failed to consider the contradictions and development in the statements of victim as well as other witnesses recorded under Section 161 as well as 164 CrPC before rejecting the bail application. 5. Learned counsel for the appellant has submitted that the charge sheet has already been filed and there is no possibility of tampering of any evidence, therefore, impugned order is liable to be set aside and appellant may be enlarged on bail. 6. Learned A.G.A. as well as learned counsel for the complainant has opposed the prayer of appellant but they do not dispute this fact that incident was taken place on 12.06.2023 but the FIR for the alleged incident was lodged on 17.06.2023. They have also conceded the fact that in the FIR as well as statements of victim and other witnesses recorded in the Section 161 CrPC, no allegation of rape was made. 7. Considering the submissions of learned counsel for the appellant, learned A.G.A. and going through the contents of appeal, statements of victim, complainant and other witnesses as well as other relevant documents; it is evident that there is a property dispute between the parties and the property in question is recorded in the name of grandfather of the appellant. As at the initial stage, no allegation of fingering was made either in the statement of victim or that of witnesses but the case of fingering was developed by the victim in her statement recorded under section 164 CrPC. In such circumstances, this Court is of the view that learned trial court failed to consider the aforesaid aspects, hence, the aforesaid impugned order is liable to be set aside and appellant is entitled to be released on bail. 8. Resultantly, in the above facts and circumstances of the case, the trial of the case is not likely to be concluded in near future, hence, the present appeal has substance, and it is accordingly allowed, and the impugned order dated 01.01.2025 passed by learned Special Judge, SC/ST Act/Additional District and Sessions Judge, Court No.2, Unnao is hereby set aside. 9. Let the appellant- Praveen @ Praveen Pal 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:- (1) 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 applicant 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. 10. In case of breach of any of the conditions, it shall be ground for cancellation of bail. Order Date :- 19.2.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench