HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 1136 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the appellant, learned A.G.A. for the State as well as learned counsel for the opposite party No.2 and perused the record. 2. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the order dated 24.03.2025 passed by the learned Additional District and Session Judge/Special Judge, SC/ST (P.A.) Act, Shrawasti in Bail Application No.218/2025, arising out of Case Crime No.537/2024, under Sections - 137 (2), 87 of the BNS, 2023 and Section 3(2)(v-a) of SC/ST Act, Police Station - Kotwali Bhinga, District - Shravasti. 3. While pressing the instant appeal, learned counsel for the appellant submitted that the appellant is innocent and he has falsely been implicated in the present case. 4. He further stated that it is case of consent. In continuation, it is further submitted that a perusal of the F.I.R. i.e. F.I.R. No.0537/2024, dated 20.12.2024 lodged at Police Station-Bhinga, District - Shravasti, in relation to which the appellant is in jail since 28.02.2025, as also the statement of the victim recorded during the investigation in terms of Section 180 and 183 of BNSS, 2023 would indicate that the victim who was having relationship with the appellant, on her own volition accompanied the appellant and solemnized the marriage in a temple at Versus Counsel for Appellant(s) : Arun Kumar Mishra Counsel for Respondent(s) : G.A., Brijesh Kumar Kuldeep Vivek Kumar Pathak .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Respondent(s) Lucknow and thereafter went to Nepal and during this period she never raised any alarm. 5. It is next submitted that the informant has leveled the allegations against the appellant as also against other family members/relatives of the appellant in the F.I.R., however, upon due investigation/consideration charge sheet has already been filed against the appellant. 6. It is also submitted that the age of the victim on which the prosecution is placing reliance is subject to the evidence adduced by the parties before the trial court and the same infact is not correct as there is no evidence to support/establish the age of the victim relied by the prosecution and in view of the facts of the instant case, the benefit of the various pronouncements/judgments related to determination of age including the case(s) passed by the Hon'ble Apex Court Birad Mal Singhvi Vs. Anand Purohit, reported in (1988) Supp SCC 604, State of Punjab Vs. Gurmit Singh, reported in (1996) 2 SCC 384, Suhani Vs. State of U.P. delivered on 26.04.2018 in Civil Appeal No.4532 of 2018 arising out of SLP(C) No.8001 of 2018 and in the case of Manak Chand alias Mani Vs. State of Haryana reported in 2023 SCC OnLine SC 1397, may be extended in favour of the appellant. In these circumstances, the appellant, who has no criminal history and is lanugishing in jail since 28.02.2025 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. 7. Learned A.G.A. as well as learned counsel for the opposite party No.2 opposed the prayer of the appellant, however, they could not dispute the above contentions made by the appellant's counsel. 8. Considered the arguments advanced by the learned counsel for the appellant, learned A.G.A. as well learned counsel for the opposite party No.2 and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents. 9. Upon due consideration of above facts and circumstances including the statement of victim as also that the victim before the Magistrate indicated here age as 17 years and the judgments on this aspect of the case and keeping in view the fact that the trial of the case is not likely to be CRLA No. 1136 of 2025 2 concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed. 10. Order order dated 24.03.2025 passed by the learned Additional District and Session Judge/Special Judge, SC/ST (P.A.) Act, Shrawasti in Bail Application No.218/2025, arising out of Case Crime No.537/2024, under Sections -137 (2), 87 of the BNS, 2023 and Section 3(2)(v-a) of SC/ST Act, Police Station - Kotwali Bhinga, District - Shravasti is hereby set aside. 11. Let the appellant - Vivek Kumar Pathak be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- and two reliable sureties, out of which one should be of family member/close relative in 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. 12. In case of default of above conditions it shall be open for the trial CRLA No. 1136 of 2025 3 court to treat it as abuse of liberty of bail and pass orders in accordance with law. 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. September 17, 2025 ML/- CRLA No. 1136 of 2025 4 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench