Neutral Citation No. - 2025:AHC-LKO:14976 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1446 of 2024 Appellant :- Sanu Respondent :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Appellant :- Amrit Anand,Manish Kumar Gupta,Seema Srivastava,Sudheer Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Rejoinder affidavit filed on behalf of appellant today is taken on record. 2. It is evident from the record that notice is already served upon the private respondent but no one has put appearance on his behalf, therefore, the appeal is being decided with the assistance of learned counsel for the appellant and learned AGA for the State-respondents. 3. Heard learned counsel for the appellant, learned A.G.A. for the State-respondents and perused the record. 4. The present appeal has been filed for setting aside the impugned order dated 22.12.2023 passed by Special Judge, SC/ST Act, Raebareli in Bail Application No. 3507/2023 arising out of Case Crime No. 215/2023 under Sections 376D, 506 I.P.C. and Section 3(2)(5) of SC/ST Act, Police Station- Naseerabad, District-Raebareli. 5. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case with the allegation of molestation and thereafter statement of victim was recorded under Section 164 Cr.P.C. in which she admitted that at the time of incident, she was aged about 19 years and was going to poultry farm, in way, appellant was standing and he started teasing her then she raised an alarm on which he gave a life threat to her and ran away. He further submits that some questions were also asked by the investigating officer that any wrong was committed with her by the appellant, she categorically denied that he was only teasing her. Thereafter her statement under Section 164 Cr.P.C. was also recorded in which she changed her version and made allegation of rape against two persons namely Abdul Jabbar @ Pappu and Bablu and she also stated that the appellant was present at the place of incident but he has not done any wrong with her. In the present case, the charge sheet has already been filed, appellant is in jail since 19.9.2023, trial is not going on and co-accused Abdul Jabbar @ Pappu has already been granted bail by this Court in Criminal Appeal No. 3406 of 2023, on the basis of all these facts, learned counsel submits that the impugned order is liable to be set aside and the appellant is entitled to be released on bail. 6. Learned A.G.A. has vehemently opposed the prayer of appellant but he does not dispute this fact that initially the victim has not made allegation of rape against the accused persons and thereafter she changed her version in her statement recorded under Section 164 Cr.P.C. 7. Considering the submissions of learned counsel for the appellant, learned A.G.A., going through the contents of impugned order as well as FIR and other relevant material, contradiction in the statements of victim recorded under Section 161 and 164 Cr.P.C. and co-accused Abdul Jabbar @ Pappu has already been granted bail as aforesaid, this Court is of the view that learned trial court is failed to consider the aforesaid aspects, hence, the aforesaid impugned order is liable to be set aside and appellant is entitled to be released on bail. 8. Resultantly, in the above facts and circumstances of the case, the trial of the case is not likely to be concluded in near future, hence, the present appeal has substance, and it is accordingly allowed, and the impugned order dated 22.12.2023 passed by Special Judge, SC/ST Act, Raebareli in Bail Application No. 3507/2023 arising out of Case Crime No. 215/2023 under Sections 376D, 506 I.P.C. and Section 3(2)(5) of SC/ST Act, Police Station- Naseerabad, District- Raebareli is hereby set aside. 9. 9. Let the appellant- Sanu involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:- (1) The appellant shall file an undertaking to the effect that he will 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. (ii) The appellant shall remain present before the trial court on each date fixed, either personally or through their 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. (iii) 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. (iv) The appellant shall remain present, in person, before the trial court on the dates fixed. 10. In case of breach of any of the conditions, it shall be ground for cancellation of bail. Order Date :- 11.3.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench