Neutral Citation No. - 2025:AHC-LKO:39272 Court No. - 13 Case :- CRIMINAL APPEAL No. - 603 of 2025 Appellant :- Ankit @ Vinay Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Dharmendra Singh,Raghvendra Pratap Singh Counsel for Respondent :- G.A.,Amit Kumar Hon'ble Saurabh Lavania,J. 1. Supplementary affidavit filed today is taken on record which indicates that the victim/opposite party No.2 has been examined as P.W.-1, Constable Nishi Sharma has been examined as P.W.- 2 on 14.05.2025 and thereafter Dr. Chanda Kumar has been examined as P.W.-3 on 28.05.2025. 2. The service upon opposite party No.2 is sufficient as appears from the record including the Vakalatnama filed by Sri Amit Kumar, whose name is shown in the cause list, however, today when the case called out, no one appeared on behalf of opposite party No.2 to oppose the present appeal which relates enlargement of appellant on bail. 3. Taking note of these aspects of the case as also earlier orders passed by this Court including the order dated 07.07.2025, wherein this Court observed that "if the counsel for the opposite party No.2 failed to appear on the next date for any reason, the case would not be adjourned", this Court proceeded to hear the appeal on merits. 4. Heard Sri Raghvendra Pratap Singh, learned counsel for the appellant and learned AGA for the State and perused the record. 5. By means of instant appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 the appellant has challenged the impugned order dated 09.01.2025 passed by Special Judge, SC/ST Act, Unnao in Bail Application No. 3848 of 2024, arising out of Case Crime No. 0252 of 2024 under Sections 323, 504, 506, 376 IPC and Section 3(2)(V) of SC/ST Act, P.S.-Dahi, District-Unnao. 6. It is stated that if the case of prosecution as indicated in the FIR No.0252 of 2024 under Sections 323, 504, 506, 376 IPC and Section 3(2)(V) of SC/ST Act lodged by the opposite party No. 2-informant/victim, which is the basis of the criminal proceedings, is taken on its face value, then in that eventuality, it is a case of consensual relationship and appellant has falsely been implicated in the present case. In continuation, it is stated that the opposite party No.2, a mature lady, on her own volition made physical relations with the accused and as the said relationship could not continue for some reasons, the opposite party No.2 just to create pressure for the purposes of continuing the relationship with the accused lodged the FIR. 7. Further stated that taking note of aforesaid aspect of the case as also the fact that the victim/opposite party No.2 has already been examined as PW-1 and therefore there is no chance to influence the witness by the accused and as such, the appellant, who is in jail since 05.12.2024 is entitled to be released on bail and the impugned order is liable to be set aside and the appeal is liable to be allowed. 8. Learned A.G.A. vehemently opposed the prayer of the applicant, however, he could not dispute the above contentions made by the appellant's counsel. 9. Considered the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A. and gone through the contents of the appeal, impugned order, F.I.R., medical report as well as other relevant documents including the statement(s) recorded by the Investigating Officer during investigation. 10. Upon due consideration 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, this Court is of the view that the appeal has substance and it is accordingly, allowed. 11. The order dated 09.01.2025 passed by Special Judge, SC/ST Act, Unnao in Bail Application No. 3848 of 2024, arising out of Case Crime No. 0252 of 2024 under Sections 323, 504, 506, 376 IPC and Section 3(2)(V) of SC/ST Act, P.S.-Dahi, District- Unnao, is hereby set aside. 12. Let appellant- Ankit @ Vinay Kumar, be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant will cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (iv) The appellant shall not commit an offence. (v) 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. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) 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. 13. As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. Order Date :- 10.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench