Neutral Citation No. - 2025:AHC-LKO:41817 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1943 of 2025 Appellant :- Anwar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Appellant :- Pranshu Agrawal,Chandan Srivastava Counsel for Respondent :- G.A.,Santosh Kumar Tirpathi,Surekha Patel Hon'ble Saurabh Lavania,J. 1. The service upon respondent no.2-victim, aged about 26 years, is sufficient as appears from Annexure No. C.A.1 to the counter affidavit, filed by the State, which is taken on record. 2. When the case was called out, no one appeared on behalf of the respondent no. 2-victim to oppose the present appeal. 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 Rajesh Shukla, learned State Counsel. 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 27.05.2025 passed by Special Judge, SC/ST Act, District- Lucknow (in short 'trial court') in Bail Application No. 3553 of 2025 arising out of FIR/Case Crime No. 319/2024 under Sections 376-D/506 IPC & 3(2)(v) of S.C./S.T. Act and Section 66(a) of the Information Technology Act, 2000, Police Station- Sushant Golf City, District-Lucknow, whereby rejecting the bail application of the appellant. 4. It is stated that according to the case of the prosecution, in nutshell, indicated in the FIR as also in the statement(s) of respondent no.2-victim, recorded in terms of Section 161 and 164 Cr.P.C., the accused appellant alongwith others committed crime with the respondent no.2- victim and therefore, the FIR was lodged as FIR/Case Crime No. 319/2024 under the various sections including Section 376-D IPC (Gang rape). 5. It is stated that accused-appellant having no criminal history, is in jail, in connection with the aforesaid FIR, since 27.06.2024. 6. Further submission is that after the submission of charge-sheet, the case was committed to Court of Sessions where it was registered as Sessions Trial No.-1959/2024 (State Versus Anwar and others). 7. It is further submitted that before the trial court the statement of respondent no.2-victim, has already been record and a perusal of statement of respondent no.2-victim, annexed as Annexure No. 11 to the present appeal, would indicate that no case is made out against the accused-appellant. It is for the reason that before the trial court the respondent no.2-victim stated that the accused-appellant, who is present before this Court has not committed any crime. The relevant portion, indicated in this regard, reads as under:- "जजो इस घटनना मम अनवर कजो अभभिययक्त बननायना गयना थना। वह अनवर ममेरमे सनाथ हहए घटनना मम शनाभमल नहहीं थना" 8. He further submitted that possibility of conclusion of trial in near future is extremely bleak and therefore in facts of the case, the present appeal is liable to be allowed and the appellant be released 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 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 27.05.2025 passed by the trial Court in Bail Application No. 3553 of 2025 arising out of FIR/Case Crime No. 319/2024 under Sections 376-D/506 IPC & 3(2)(v) of S.C./S.T. Act and Section 66(a) of the Information Technology Act, 2000, Police Station- Sushant Golf City, District-Lucknow, is hereby set aside. 12. Let appellant, Anwar, 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 :- 22.7.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench