Neutral Citation No. - 2025:AHC-LKO:36762 Court No. - 9 Case :- CRIMINAL APPEAL No. - 1703 of 2025 Appellant :- Anil Kumar Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Appellant :- Vidya Kant Sharma Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. 1. Vakalatnama filed by Sri Arvind Kumar, Advocate on behalf of respondent is taken on record. 2. Heard learned counsel for the appellant as well as Sri Arvind Kumar, who appears for the opposite party and learned A.G.A. for the State. 3. This appeal has been preferred under Section 14 (A) (2) S.C./S.T. Act against the order dated 06.05.2025 passed by learned Special Judge S.C./S.T. Act, Pratapgarh in Bail Application No. 957/2025: Anil Kumar Tiwari Vs. State of U.P. and another, arising out of Case Crime No. 157 of 2023, under Section 419, 420, 406, 328, 325, 376D, 34 and 302 I.P.C. and Section 3(2) S.C./S.T. Act, Police Station Kandhai, District Pratapgarh, whereby bail application of the appellant was rejected. 4. The contention of learned counsel for the appellant is that the alleged incident is of the year 2018 and the F.I.R. in question was lodged on 16.05.2023. He argues that twice FIRs were lodged. He further argues that, apart from the allegations leveled, prima facie, there is no material to implicate the appellant for the offence in question. 5. Per contra, learned A.G.A. vehemently opposed the prayer by submitting that the accused/ appellant is not entitled to be enlarged on bail and the instant criminal appeal deserves to be dismissed. However, he has been unable to dispute the other factual submissions advanced by the learned counsel for the appellant. 6. Considering the inordinate delay in lodging of the FIR coupled with the fact that the appellant has no criminal antecedent, the appeal deserves to be allowed and the appellant is entitled to be enlarged on bail. 7. Accordingly, the appeal is allowed. Consequently, the impugned order dated 06.05.2025 passed by learned Special Judge S.C./S.T. Act, Pratapgarh in Bail Application No. 957/2025: Anil Kumar Tiwari Vs. State of U.P. and another, arising out of Case Crime No. 157 of 2023, under Section 419, 420, 406, 328, 325, 376D, 34 and 302 I.P.C. and Section 3(2) S.C./S.T. Act, Police Station Kandhai, District Pratapgarh is, hereby, set aside. 8. Let the appellant, Anil Kumar Tiwari be released on bail in the aforesaid case crime number with the following conditions:- (i) The appellant shall furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned. (ii) The appellant shall appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.:- (a) The appellant shall attend in accordance with the conditions of the bond executed under this Chapter. (b) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) 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. (iii) The appellant shall cooperate with investigation /trial. (iv) The appellant shall file an undertaking to the effect that he shall 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. (v) The appellans shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the appellant misuses the liberty of bail during trial, in order to secure his presence, proclamation under section 82 Cr.P.C. is issued and the appellant 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. (vii) The appellant shall remain present, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the appellant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (Pankaj Bhatia,J.) Order Date :- 27.6.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench