Neutral Citation No. - 2025:AHC-LKO:42625 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1706 of 2025 Appellant :- Vijay Verma Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Appellant :- Amit Kumar Awasthi,Anand Kumar Shukla Counsel for Respondent :- G.A.,Rakesh Kumar Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the appellant, Shri Rajesh Shukla, learned A.G.A. for the State-respondent and Shri Rakesh Kumar, learned counsel for the respondent no.2. 2. 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 05.05.2025 passed by Special Judge, SC/ST Act, Lakhimpur Kheri, in Bail Application No. 1202 of 2025 arising out of Case Crime No. 207 of 2025, under Sections 87, 137(2), 352 of Bhartiya Nyay Sanhita (in short "B.N.S.") and Section 3(2)V of Act of 1989, P.S. Mohammadi, District - Lakhimpur Kheri. 3. Pressing the present appeal and impeaching the order, under appeal, dated 05.05.2025, it is stated that according to the prosecution, the appellant enticed away the minor daughter of the informant/respondent no.2 and therefore, the FIR was lodged under Sections 87, 137(2), 352 of BNS, akin to Sections 366, 363, 376 of IPC (now repealed). 4. It is stated that the appellant, having no criminal history which has not been disputed, is in jail since 27.03.2025. 5. Further submission is that upon recovery the statement(s) of the victim were recorded in terms of Section(s) 180 and 183 BNSS and a bare perusal of her statements on record would indicate that the victim, who in appearance, was/is a major, on her own volition, left her parental house and accompanied the appellant, aged about 20 years, to Delhi where both solemnized marriage but physical relationship were not established and therefore the prosecution has not filed the charge-sheet in relation to offense indicated in Protection of Children from Sexual Offences Act, 2012. 6. It is further submitted that at this stage of bail, taking note of the aforesaid facts as also the judgment passed by the Hon'ble Apex Court in the case of S. Varadarajan vs State Of Madras, 1965 AIR 942, the impugned order is liable to be set aside and the appeal is liable to be allowed. 7. Shri Rajesh Shukla, learned A.G.A. for the State-respondent and Shri Rakesh Kumar, learned counsel for the respondent no.2 vehemently 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 parties, and gone through the contents of the appeal, impugned order, F.I.R., as well as statement of the victim recorded under Sections 180 and 183 BNSS. 9. Upon due consideration of above facts and circumstances 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 as also the observation of the Hon'ble Apex Court in the case of S. Varadarajan (Supra), this Court is of the view that the appeal has substance and it is accordingly, allowed. 10. The impugned order dated 05.05.2025 passed by Special Judge, SC/ST Act, Lakhimpur Kheri, in Bail Application No. 1202 of 2025 arising out of Case Crime No. 207 of 2025, under Sections 87, 137(2), 352 of B.N.S. and Section 3(2)V of Act of 1989, P.S. Mohammadi, District - Lakhimpur Kheri is set aside. 11. Let appellant Vijay Verma, 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. 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 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