Neutral Citation No. - 2025:AHC-LKO:13219 Court No. - 13 Case :- CRIMINAL APPEAL No. - 458 of 2025 Appellant :- Vinay Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Vijay Pratap Singh,Karunesh Singh Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Counter affidavit filed by learned AGA is taken on record. 2. It is evident that the notice has already been served upon the complainant but no one has put in appearnce on his behalf. Therefore, the matter is being proceeding for final hearing with the assistance of learned counsel for the appellant as well as learned AGA. 3. Heard learned counsel for the appellant, learned A.G.A. appearing for the State and perused the record. 4. This criminal appeal has been filed by the appellant under Section 14A (2) the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside the order dated 20.11.2024 passed by Learned Incharge A.S.]./Special Judge, SC/ST Act, Ayodhya/Faizabad, in Bail Application no. 2492/2024 (Vinay Kumar Vs. State of U.P.) arising out of FIR No.- 266/2024, U/s- U/s: 70(1) B.N.S., P.S.- Cantt, District Ayodhya (Faizabad). 5. Learned counsel for the appellant while pressing the appeal submits that, the appellant has been falsely implicated in this case. Nothing as claimed by the prosecution has been committed by the appellant. 6. It is contended on behalf of the appellant that there is unexplained delay of more than one week in lodging the F.I.R. He submits that prosecutrix is major aged about 20 years. Perusal of the prosecution case shows that prosecutrix was roaming freely with the appellant and other co-accused persons and was visiting different places including public places without raising any alarm. The statement of the prosecutrix under Section 183 BNSS suffers from improvement. The date of occurrence so far as the allegation against the appellant for committing rape is concerned has been changed while giving statement under Section 183 BNSS. The appellant has no criminal history. Although it is alleged by the prosecutrix that she was raped by three persons still there is no corroborative material in the medico legal examination of the victim. The prosecutrix was a consenting party. 7. It is further submitted that, the appellant is languishing in jail in this matter since 14.09.2024. Charge-sheet in the matter has already been submitted. There is no likelihood that the appellant-applicant after release on bail may flee from the process of law or will misuse the liberty of bail granted by this Court. 8. Learned A.G.A. opposes the prayer for bail but could not confront the factual submissions made by the learned counsel for the appellant-applicant. 9. Considering the facts and circumstance of the case, varied statements of the prosecutrix under Sections 180 & 183 BNSS, appellant has no criminal history, delay in lodging the F.I.R. and prima facie the fact that prosecutrix as per the admitted case of the prosecution was roaming freely with the accused persons and remained with them for several days and without commenting upon merits, I am of the view that the learned court below has failed to appreciate the material available on record. In view of above, the order passed by the court below is liable to be set aside. 10. Accordingly, the appeal is allowed and the 20.11.2024 passed by Learned Incharge A.S.]./Special Judge, SC/ST Act, Ayodhya/Faizabad is set aside. 11. Let the appellant-applicant Vinay Kumar involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The appellant shall file an undertaking to the effect that he shall 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. (v) The appellant shall remain present before the trial court on each date fixed, either personally or through his 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. (vi) 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. 12. The pending application, if any, too stands disposed of. Order Date :- 4.3.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench