Neutral Citation No. - 2025:AHC-LKO:41344 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1184 of 2025 Appellant :- Rustam @ Sohel Ahmad Respondent :- State Of U.P Thru. Secy. Home Lko. And Another Counsel for Appellant :- Pravin Singh,Shivam Srivastava Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Case called out. No one appeared on behalf of the opposite party No. 2/complainant/victim despite service of notice, as appears from the Office Report dated 14.05.2025 and the order of this Court dated 09.07.2025. Learned AGA is present in the Court. In these circumstances, the Court proceeded to hear the bail appeal on merits. 2. Heard counsel for the appellant, learned A.G.A. for the State and perused the record. 3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 12.03.2025 passed by the Special Judge (SC/ST Act), Raebareli in Bail Application No. 579 of 2025, arising out of Case Crime No. 0008 of 2025, under Sections- 64(1), 351(3), 352 B.N.S. and Section- 3(2)5 of SC/ST Act, Police Station- Khiron, District- Raebareli. 4. While pressing the present appeal, learned counsel for the appellant submitted that the opposite party No. 2/informant/victim lodged the FIR in issue i.e. FIR/Case Crime No. 0008/2025, basis of pending criminal proceedings, on 13.01.2025 at about 11.00 A.M. in regard to the incident alleged to have taken place on 20.12.2024 at about 8.00 P.M. at Police Station- Khiron, District- Raebareli making allegations therein so as to attract the offences as indicated under Sections- 64(1), 351(2) B.N.S. and Section- 3(2)(v) of SC/ST Act. 5. It is further stated that as per the case of prosecution, the appellant committed crime/rape with complainant/victim on 20.12.2024 at about 8.00 P.M. in her house while she was cooking food. 6. It is further stated that the complainant/victim is a married lady aged about 30 years and the appellant is 10 years younger than her. 7. It is further stated that indiputedly, the appellant lives in the house of his maternal grandfather (nana) namely Jahoor whose agricultural land has been taken by the complainant/victim on sharecropping and from this fact, it can be inferred that the appellant has been implicated in the instant case just to create pressure upon his maternal grandfather (nana) namely Jahoor. 8. It is further stated that the complainant/victim was medically examined and the copy of medicolegal report is annexed as Annexure No. 3 to the instant appeal and a perusal thereof would show that the same does not support the story of prosecution, as no injury was found by the doctor concerned over the body of victim based upon which it can be inferred that appellant committed rape with victim. 9. It is further submitted that appellant, having no criminal history, is languishing in jail since 17.01.2025. In these circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail. 10. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the appellant. 11. Considered the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and all the relevant documents placed on record. 12. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order, medical opinion and the fact that the victim does the farming on sharecropping on the land of appellant's maternal grandfather and also that the appellant is in jail since 17.01.2025 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed. 13. Order dated 12.03.2025 passed by the Special Judge (SC/ST Act), Raebareli in Bail Application No. 579 of 2025, arising out of Case Crime No. 0008 of 2025, under Sections- 64(1), 351(3), 352 B.N.S. and Section- 3(2)5 of SC/ST Act, Police Station- Khiron, District- Raebareli is hereby set aside. 14. Let the appellant- Rustam @ Sohel Ahmad be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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 cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (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 shall 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. 15. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law 16. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) 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(s) made in this order. Order Date :- 18.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench