Neutral Citation No. - 2025:AHC-LKO:45923 Court No. - 11 Case :- CRIMINAL APPEAL No. - 1173 of 2025 Appellant :- Salman @ Sabir Ali Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Alok Singh,Ajitanshu Tripathi,Durga Baksh Singh Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application for grant of bail on merits. 2. Heard learned counsel for the appellant, Sri Ajay Kumar Srivastava, learned Additional Government Advocate for the State of U.P. 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 10.03.2025 passed by Special Judge, SC/ST (P.A.) Act, District-Sultanpur (in short 'trial court') in Bail Application No. 597 of 2025 arising out of Case Crime No. 227/2024 under Sections 363/302/201 IPC & 3(2)(v) of S.C./S.T. Act, Police Station-Kadipur, District-Sultanpur, whereby rejecting the bail application of the appellant. 4. It is submitted that the case of the prosecution against the appellant is false and concocted and he has been falsely implicated in the present case. 5. It is stated that according to the case of prosecution, as indicated in the FIR lodged against unknown person, registered as FIR No.0227 at P.S. Kadipur, District Sultanpur on 01.06.2024 some unknown person enticed away the grand- daughter of the informant. The incident as per FIR is of 10:00 P.M. It is stated that the statement of the victim, upon recovery, was recorded in terms of Section 161 Cr.P.C., a copy of which is annexed as Annexure No.3, and from a bare perusal of the same, it would indicate that the appellant has not committed any offence for the reason that according to the statement of the victim, on 31.05.2024 as she was scolded by her father, she left her parental house and went to the house of her aunt (bua) where she stayed for ten days and thereafter came to her parental house. 6. It is further stated that co-accused namely Sarvar alias Atif has already been granted bail by this Court vide order dated 24.07.2025 passed in Criminal Appeal No. 637 of 2025. In these circumstances, the appellant is also entitled to be released on bail. 7. It is further submitted that appellant, having no criminal history, is languishing in jail since 02.10.2024 and the possibility of conclusion of trial in near future is extremely bleak. 8. 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. 9. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contention of the counsel for the appellant. 10. Considering the arguments advanced by the learned counsel for the appellant, learned A.G.A., and going through the contents of the appeal, F.I.R., statements of the victim, as also the fact that co-accused has already been released on bail by this Court as well as other relevant documents, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed. 11. Order dated 10.03.2025 passed by Special Judge, SC/ST (P.A.) Act, District-Sultanpur (in short 'trial court') in Bail Application No. 597 of 2025 arising out of Case Crime No. 227/2024 under Sections 363/302/201 IPC & 3(2)(v) of S.C./S.T. Act, Police Station-Kadipur, District-Sultanpur, is hereby set aside. 12. Let appellant Salman alias Sabir Ali, 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 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 :- 6.8.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench