Neutral Citation No. - 2025:AHC-LKO:42612 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1556 of 2025 Appellant :- Abhishek Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Aman Kumar Shrivastav Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Rejoinder affidavit filed today is taken on record. 2. Considering the Office Report dated 12.06.2025 which is based upon the letter of Chief Judicial Magistrate, Lakhimpur Kheri dated 09.06.2025 as also Annexure No. CA-1 of Counter Affidavit filed by the State with a proof of service of notice upon respondent no. 2, this Court finds that service of notice upon the respondent no. 2/victim which is also the informant is sufficient. However, neither the respondent no. 2 nor any counsel engaged by her appeared before this Court to oppose the present appeal which is a bail appeal. 3. In the aforesaid background of the case, this Court proceeded to decide the present appeal with the assistance of learned counsel for the appellant and Shri Ajay Kumar Srivastava, learned A.G.A. for the State-respondent. 4. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 (in short "Act of 1989") against the impugned order dated 17.04.2025 passed by Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No. 121 of 2025 arising out of Case Crime No. 62 of 2025, under Sections 333, 64, 131, 351(2) of Bhartiya Nyay Sanhita (in short "B.N.S.") and Sections 3(1)da, 3(2)V of Act of 1989, P.S. Bheera, District - Lakhimpur Kheri. 5. Pressing the present appeal and impeaching the order, under appeal, dated 17.04.2025, it is stated that according to the prosecution, the appellant, aged about 19 years, committed rape with respondent no.2 at about 11 p.m. in the house of respondent no.2, who is neighbor of appellant, and an unknown person accompanying the appellant made a video-clip of the incident. The crime was committed in the light and on hue and cry of respondent no.2, her brother-in-law (dewar) appeared, however, he could not identify the person who was present in the premises along with the appellant and the appellant fled away from the premises i.e. house of respondent no.2. 6. In continuation, it is submitted that facts pertaining to entering into premises has not been indicated in the FIR nor in the statement of respondent no.2 as also alleged witness of the crime i.e. brother-in-law of respondent no.2. 7. It is further submitted that according to FIR the alleged crime was committed at about 11 p.m. and as per statement of respondent no.2 recorded in terms of Section 180 BNSS, the said crime was committed by the appellant in midnight i.e. 12:00 a.m. on 07.09.2024. 8. It is further submitted that aforesaid facts as also the fact that during the investigation nothing could be recovered by prosecution to attract the offenses indicated in Information Technology Act, 2000 and it is apparent that story of prosecution is completely concocted and has been framed only to get pecuniary benefit from the State Exchequer as also to harass the appellant as in the morning some altercation took place between families on the issue related to water drainage. 9. It is further submitted that medical opinion dated 18.02.2025 also does not support the case of prosecution. 10. Thus, indulgence of this Court is required in the matter. As such, appellant, who is in jail since 28.03.2025 and is having no criminal history, is entitled for bail and the impugned order is liable to be set aside and the appeal is liable to be allowed. 11. Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the above contentions made by the appellant's counsel. 12. Considered the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A., and gone through the contents of the appeal, impugned order, F.I.R., medical report as well as statement of the victim recorded under Section 180 BNSS. 13. Upon due consideration of above facts and circumstances particularly the medical opinion and the statement of the victim as also the period of incarceration also keeping in view the fact that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed. 14. Order dated 17.04.2025 passed by Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No. 121 of 2025 arising out of Case Crime No. 62 of 2025, under Sections 333, 64, 131, 351(2) of B.N.S." and Sections 3(1)da, 3(2)V of Act of 1989, P.S. Bheera, District - Lakhimpur Kheri is set aside. 15. Let appellant Abhishek, be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- 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. 16. 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 17. 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 :- 24.7.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench