Neutral Citation No. - 2025:AHC-LKO:44499 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1658 of 2025 Appellant :- Suraj Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Diwakar Singh,Urvashi Vishwakarma Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Case called out. No one appeared on behalf of the respondent No. 2/complainant/victim despite service of notice, as appears from Annexure No. CA-10 to the counter affidavit of State. Learned AGA is present in the Court. In these circumstances, the Court proceeded to hear the appeal seeking 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 against the impugned order dated 05.05.2025 passed by Special Judge (SC/ST Act), Barabanki in Bail Application No. 1269 of 2025, arising out of FIR/Case Crime No. 153 of 2025, under Sections- 64(1), 351(3) B.N.S. and Sections- 3(1)(Da), 3(1)(Dha), 3(2)(v) of SC/ST Act, Police Station- Tikait Nagar, District- Barabanki. 4. While pressing the present appeal, learned counsel for the appellant submitted that according to the allegations levelled by the informant/victim, who is a married lady aged about 40 years having three children aged about 12, 10, 8 years, respectively, the appellant aged about 22 years committed crime/rape with her after throwing/pushing her on the ground in her agricultural field at about 9.30 A.M. However, this story as narrated by the informant is completely false and bogus, as the same can be inferred/deduced from the difference of age of the appellant and the victim and also from the fact that upon medical examination, no injury was found over the body of victim, as the same ought to have been there for the reason that according to the story narrated in the FIR, the appellant threw/pushed the victim on the ground and committed crime with her. 5. It is further stated that it appears that the appellant has been implicated in the instant case on account of village party bandi or to extract money from the State Exchequer. 6. It is further submitted that the appellant, having no criminal history, which has not been opposed in the counter affidavit of State, is languishing in jail since 20.04.2025. 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. 7. 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. 8. 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. 9. 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 that the appellant is in jail since 20.04.2025 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. 10. Order dated 05.05.2025 passed by Special Judge (SC/ST Act), Barabanki in Bail Application No. 1269 of 2025, arising out of FIR/Case Crime No. 153 of 2025, under Sections- 64(1), 351(3) B.N.S. and Sections- 3(1)(Da), 3(1)(Dha), 3(2)(v) of SC/ST Act, Police Station- Tikait Nagar, District- Barabanki is hereby set aside. 11. Let the appellant- Suraj Dubey 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. 12. 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 13. 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 :- 31.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench