Neutral Citation No. - 2025:AHC-LKO:40639 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1366 of 2025 Appellant :- Satya Prakash Chauhan @ Satya Chauhan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Neetesh Kumar,Vinay Kumar Verma Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Case called out. The respondent No.2/complainant chose not to appear before this Court to oppose the instant appeal despite service of notice, as appears from Annexure No. CA-1 to the counter affidavit of State and the order of this Court dated 02.05.2025. Learned A.G.A. is present in the Court. In these circumstances, this Court proceeded to hear the instant appeal, which relates to enlargement of appellant on bail, 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 (in short 'SC/ST Act') against the impugned order dated 17.04.2025 passed by the Special Judge (SC/ST Act), Barabanki in Bail Application No.1076 of 2025, arising out of FIR/Case Crime No.137 of 2025, under Sections- 87, 137(2) B.N.S. and Sections- 3(2)(V) of SC/ST Act, Police Station- Fatehpur, District- Barabanki. 4. While pressing the present appeal, learned counsel for the appellant submitted that as per the FIR in issue i.e. FIR No. 0137/2025 dated 22.02.2025 lodged by father of complainant/opposite party No.2 at Police Station- Fatehpur, District- Barabanki making allegations therein so as attract the offences as indicated under Sections- 87 & 137(2) B.N.S. and Sections- 3(2)(V) of SC/ST Act, the appellant enticed away the daughter of the informant, who was aged about 20 years at the time of incident i.e. on 21.02.2025. 5. Learned counsel for the appellant further stated that the the victim is major and allegations levelled in the FIR are completely incorrect and the same could be deduced from the statement(s) of victim herself recorded in terms of Sections 180 & 183 B.N.S.S. 6. Based upon aforesaid statements of victim, it is stated that the victim on account of ill treatment of her mother left her parental house on 21.02.2025 and returned back to her parental house on her own and nobody enticed away her. 7. A perusal of statement of victim recorded under Section 183 B.N.S.S. would further indicate that she is in affair with the appellant and wants to marry the appellant. These statements would further indicate that physical relations between the appellant and the victim were not established. 8. Further submission is that victim has denied for medical examination. He further submits that the appellant, having no criminal history, is languishing in jail since 21.03.2025. 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. 9. 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. 10. 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. 11. 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, as also the fact that the victim is major, i.e. about 20 years as per FIR, including that the appellant is in jail since 21.03.2025 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. 12. Order dated 17.04.2025 passed by the Special Judge (SC/ST Act), Barabanki in Bail Application No.1076 of 2025, arising out of FIR/Case Crime No.137 of 2025, under Sections- 87, 137(2) B.N.S. and Sections- 3(2)(V) of SC/ST Act, Police Station- Fatehpur, District- Barabanki is hereby set aside. 13. Let the appellant- Satya Prakash Chauhan @ Satya Chauhan 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. 14. 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 15. 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 :- 16.7.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench