Court No. - 13 Case :- CRIMINAL APPEAL No. - 447 of 2025 Appellant :- Ikram Ahmed Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Dev Mani Mishra Counsel for Respondent :- G.A.,Abhisek Kumar Dixit Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the appellant, learned A.G.A. for the State and learned counsel appearing for the complainant. 2. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 13.01.2025 passed by the learned court of Special Judge, SC/ST Act, Pratapgarh in Bail Application No. 3867 of 2024 arising out of F.I.R. No. 141 of 2023, under Sections 376, 504, 506, 34 I.P.C. and Section 3(1)(dha), 3(2)(v), 3(2)(va) of SC/ST Act, P.S. Leelapur, District - Pratapgarh. 3. Learned counsel for the appellant submits that appellant has been falsely implicated in the present case being a brother of the co-accused. He further submits that victim in her statement recorded under Section 161 Cr.P.C. has not alleged the appellant for commission of rape but thereafter, in the statement recorded under Section 164 Cr.P.C. she developed a case of rape against the co-accused, Irshad, who has already been enlarged on bail vide order dated 3.1.2024 passed in Criminal Appeal No.3155 of 2023. He further submits that appellant is in jail since 12.12.2024, charge sheet has already been filed, therefore, there is no possibility of tampering of any evidence. It is, thus, submitted that appellant, who is in jail since 12.12.2024, is entitled for bail and the impugned order is liable to be set aside. 4. Learned A.G.A. as well as learned counsel for the complainant vehemently oppose the prayer of the appellant and submit that after investigation, involvement of the appellant was found and charge sheet was also submitted but they do not dispute this fact that allegation of rape was developed by victim in her statement recorded under Section 164 Cr.P.C. They also do not dispute the fact that allegation of rape was against the co- accused Irshad, who has already been enlarged on bail. 5. Considering the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A., learned counsel for the complainant and going through the contents of the appeal, it is evident that during the course of investigation, no allegation of rape was alleged by the victim against the appellant, the allegation of rape was against the co-accused, Irshad, who has already been enlarged on bail. 6. In view of above facts and circumstances as also 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. 7. Order dated 13.01.2025 passed by the learned court of Special Judge, SC/ST Act, Pratapgarh in Bail Application No. 3867 of 2024 arising out of F.I.R. No. 141 of 2023, under Sections 376, 504, 506, 34 I.P.C. and Section 3(1)(dha), 3(2)(v), 3(2) (va) of SC/ST Act, P.S. Leelapur, District Pratapgarh, is hereby set aside. 8. Let appellant Ikram Ahmed, be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional 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 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 for recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant 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. Order Date :- 19.2.2025 Gaurav/- Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench