Neutral Citation No. - 2025:AHC-LKO:40757 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1949 of 2025 Appellant :- Mukesh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Appellant :- Jaikaran Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Counter affidavit filed by the State and supplementary affidavit filed by the learned counsel for the appellant are taken on record. 2. Heard learned counsel for the appellant and learned AGA for the State of U.P. and perused the record. 3. By means of instant appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 the appellant has challenged the impugned order dated 17.05.2025 passed by Special Judge, SC/ST (P.A.) Act, Pratapgarh in Bail Application No. 1483 of 2025, arising out of Case Crime No. 50 of 2013 under Sections 376 Gha I.P.C. and Section 3(2)5 of SC/ST Act, P.S.-Nawabganj, District-Pratapgarh. 4. It is stated that if the case of prosecution is taken on its face value, then in that eventuality, it can be inferred that the appellant is innocent and has falsely been implicated in the present case. 5. Further stated that co-accused namely Hansraj @ Natli and Ashok Kumar, similarly situated, have already been enlarged on bail by this Court in terms of order dated 20.06.2025 passed in CRIMINAL APPEAL No. - 1841 of 2025 (Hansraj @ Natli vs. State of U.P.) and order dated 23.06.2022 passed in CRIMINAL APPEAL No. - 1259 of 2022 (Ashok Kumar vs. State of U.P. And Another), respectively. 6. As such, the appellant, who is in jail since 29.03.2025, is also entitled for bail and the impugned order is liable to be set aside and the appeal is liable to be allowed. 7. Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the fact that the co- accused namely Hansraj @ Natli and Ashok Kumar, similarly situated, have already been enlarged on bail by this Court. 8. 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. as also that co-accused namely Hansraj @ Natli and Ashok Kumar, have already been enlarged on bail by this Court as well as other relevant documents including the statement(s) recorded by the Investigating Officer during investigation. 9. Upon due consideration of above facts and circumstances as 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. 10. The order dated 17.05.2025 passed by Special Judge, SC/ST (P.A.) Act, Pratapgarh in Bail Application No. 1483 of 2025, arising out of Case Crime No. 50 of 2013 under Sections 376 Gha I.P.C. and Section 3(2)5 of SC/ST Act, P.S.-Nawabganj, District-Pratapgarh, is hereby set aside. 11. Let appellant-Mukesh 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. 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 :- 17.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench