Neutral Citation No. - 2025:AHC-LKO:14695 Court No. - 13 Case :- CRIMINAL APPEAL No. - 419 of 2025 Appellant :- Dharmendra Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Rajendra Kumar Dubey,Manav Mishra,Saurabh Upadhyay Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Supplementary affidavit filed by learned counsel for the appellant is taken on record. 2. It is evident from the Office Report dated 28.02.2025 that notice has already been served on the private respondent, but none appears today on behalf of the private respondent. Therefore, this appeal is being decided with the assistance of learned counsel for the appellant and learned A.G.A. for the State. 3. Heard learned counsel for the appellant and learned A.G.A. for the State. 4. The instant appeal has been filed by the appellant seeking following relief:- "To set aside the judgement & order dated 21.01.2025 passed by learned Special Judge SC/ST Act, Faizabad/Ayodhya in Computer Registration No. 88 of 2025 arising out of Case Crime No. 01 of 2025 u/s 69, 115(2), 352, 351(3) B.N.S. and 3(2)(v) of SC/ST Act, Police Station- Maharajganj, District- Ayodhya; to release the appellant on bail." 5. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case on the advice of rivals. During the course of investigation, statement of the victim was recorded u/s 183 B.N.S.S., in which, she has categorically denied the prosecution story and has stated that she is taking some medicine for mental illness and due the effect of medicine, she lodged the case against the appellant. She also stated that the appellant did not make physical relations with her and now she does not want to prosecute him. It is further submitted that the victim also denied for her medico legal examination, which is mentioned in parcha-CD-2 dated 04.01.2025. The charge-sheet was filed by the Investigating Officer in the most mechanical manner. All these facts were not considered by learned trial Court in the correct perspective. It is lastly submitted that the appellant is in jail since 05.01.2025 and as there is no possibility of conclusion of the trial in near future, the impugned order is liable to be 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 the victim has not supported the prosecution version in her statement recorded u/s 183 B.N.S.S. 7. Considering the submissions of learned counsel for the parties and going through the contents of the impugned order, F.I.R., statement of the victim recorded u/s 183 B.N.S.S. as well as other relevant documents, as per the observations of the Investigating Officer, the victim denied for her medico legal examination. The victim also did not support the prosecution version in her statement recorded before the Magistrate. All these facts were not considered by the trial Court in the correct perspective. Therefore, the impugned order is liable to be 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 order dated 21.01.2025 passed by learned Special Judge SC/ST Act, Faizabad/Ayodhya in Computer Registration No. 88 of 2025 is hereby set aside. 9. Let the appellant- Dharmendra Yadav 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 :- 11.3.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench