Neutral Citation No. - 2025:AHC-LKO:46125 Court No. - 11 Case :- CRIMINAL APPEAL No. - 1722 of 2025 Appellant :- Rakesh Kumar Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Rajiva Dubey Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard Sri Rajiva Dubey, learned Counsel for the appellant and Sri Badrul Hasan, learned A.G.A. 2. Today, when the case was called out, no one appeared on behalf of the respondent no. 2-victim to oppose the present appeal, despite service of notice of the instant bail appeal, which is apparent from letter of CJM concerned dated 23.06.2025, annexed as Annexure No. CA-2 to the counter affidavit. In this view of the matter, this Court proceeds to hear the instant appeal with the assistance of learned Counsel for the appellant and Sri Rajiva Dubey, learned A.G.A. 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 20.05.2025 passed by Additional Sessions Judge/Special Judge, SC/ST Act, District-Lakhimpur Kheri (in short 'trial court') in Bail Application No. 173 of 2025 arising out of Case Crime No. 171/2025, under Sections 506/504/328/406 IPC & 3(2)va, 3(1)da, 3(1)dha of S.C./S.T. Act, Police Station-Phoolbehar, District-Lakhimpur Kheri, whereby rejecting the bail application of the appellant. 4. It is stated that if the story of the prosecution as indicated in the FIR against the appellant, is taken on its face value, even then it would appear that to a commercial dispute criminal colour has been given and Hon'ble Apex Court in various pronouncements has depricated the practice of giving criminal colour to a civil dispute. 5. It is further stated that a bare perusal of this FIR further indicates that offence under SC/SC Act is not made out, because the alleged incident occurred in the premises of the appellant. 6. Further submission is that documentary evidence related to administering intoxicant substance and taking treatment is subject to the evidence adduced by the opposite party. 7. It is further submitted that appellant, is languishing in jail since 13.05.2025 and the possibility of conclusion of trial in near future is extremely bleak. 8. 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 contention of the counsel for the appellant. 10. Considering the arguments advanced by the learned counsel for the appellant, learned A.G.A., and going through the contents of the appeal, F.I.R., statements of the victim, medical report as well as other relevant documents, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed. 11. Order dated 20.05.2025 passed by Additional Sessions Judge/Special Judge, SC/ST Act, District-Lakhimpur Kheri (in short 'trial court') in Bail Application No. 173 of 2025 arising out of Case Crime No. 171/2025, under Sections 506/504/328/406 IPC & 3(2)va, 3(1)da, 3(1)dha of S.C./S.T. Act, Police Station-Phoolbehar, District-Lakhimpur Kheri, is hereby set aside. 12. Let appellant Rakesh Kumar Gupta, be released on bail in the aforesaid case crime number on his furnishing personal bond 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. 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 :- 7.8.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench