Neutral Citation No. - 2025:AHC-LKO:235 Court No. - 13 Case :- CRIMINAL APPEAL No. - 2170 of 2024 Appellant :- Ramu Yadav @ Prince Yadav Respondent :- State Of U.P Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Pradeep Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record. 2. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 09.05.2024 passed by Special Judge, SC/ST Act, Gonda, in Bail Application No. 868 of 2024 arising out of F.I.R. No. 114 of 2024, under Sections 376, 323, 504 I.P.C., Section 67 I.T. Act and Section 3(2) (v) of SC/ST Act, P.S. Nawabganj, District Gonda. 3. Learned counsel for the appellant submits that appellant has been falsely implicated in the present case, it is a case of consensual relationship, as they were seen by the younger sister of the victim, then on the basis of incorrect facts, F.I.R. was lodged by the victim. He further submits that as per the prosecution case, videography was also done related to the intimate scene of the victim with the applicant but no video is recovered during the course of investigation. He also submits that charge sheet has already been filed, therefore, there is no possibility of tampering of any evidence. He lastly submits that appellant, who is in jail since 4.4.2024, is entitled for bail and the impugned order is liable to be set aside. 4. Learned A.G.A. vehemently oppose the prayer of the appellant but he does not dispute the fact that during the course of investigation, no video was found by the Investigating OfÏcer and date & time of the incident was also not narrated by the victim in the F.I.R. 5. Considering the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A. and going through the contents of the appeal, impugned order, F.I.R. as well as other relevant documents including the statement of the victim recorded under Section 161 & 164 Cr.P.C., it is evident that during the course of investigation, no video was found by the Investigating OfÏcer and it is also evident that no date and time of the incident was mentioned in the F.I.R. Apparently, all these facts were not considered by the court below at the time of rejecting the bail application vide impugned order dated 09.05.2024. 6. In view 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, the appeal has substance and it is accordingly, allowed. 7. Order dated 09.05.2024 passed by Special Judge, SC/ST Act, Gonda, in Bail Application No. 868 of 2024 arising out of F.I.R. No. 114 of 2024, under Sections 376, 323, 504 I.P.C., Section 67 I.T. Act and Section 3(2)(v) of SC/ST Act, P.S. Nawabganj, District Gonda, is hereby set aside. 8. Let appellant Ramu Yadav @ Prince Yadav, 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 shall file an undertaking to the effect that he will 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. (ii) The appellant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant 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. (iv) 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. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient 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. Order Date :- 3.1.2025 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench