Neutral Citation No. - 2025:AHC-LKO:48183 Court No. - 11 Case :- CRIMINAL APPEAL No. - 2042 of 2025 Appellant :- Dharampal Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Appellant :- Neeraj Sahu,Sant Bux Singh Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Case called out. 2. Service of notice upon respondent no. 2 is sufficient as appears from the Office Report dated 29.07.2025 also the order dated 01.08.2025, based upon the same. However, no one appeared on behalf of the respondent no. 2/victim to oppose the present appeal, who lodged the FIR against the appellant. In the aforesaid background of the case, this Court proceeded to hear the instant appeal with assistance of learned counsel for the appellant and learned State Law Officer for the respondent no.1. 3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 (in short "Act of 1989") against the impugned order dated 22.05.2025 passed by Special Judge, SC/ST Act, Gonda in Bail Application No. 988 of 2025 arising out of Case Crime No. 263 of 2025, under Sections 64(2)m, 115(2), 351(3), 127(2) of Bhartiya Nyay Sanhita (in short "B.N.S.") and Sections 3(1)द, ध of Act of 1989, P.S. Kotwali Nagar, District - Gonda. 4. Pressing the present appeal and impeaching the order, under appeal, dated 22.05.2025, it is stated that, in order to avoid payment of the amount spent by the appellant in the proceedings related to enlargement of the husband of Opposite Party No. 2 on bail, the present FIR has been lodged with a concocted and false story including the story related to attract the offence under Section 61(2)m BNS, aking to Section 376 IPC (now repealed). 5. Elaborating the same, it is stated that, according to the prosecution case, which is false and concocted, in the year 2019, the appellant forcefully established physical relations with the complainant within the premises where the appellant, his brother Rampal, his mother, and other family members were present. 6. It is then alleged that the complainant left the said premises in the year 2021, but later returned and again resided there, during which period the appellant allegedly committed rape upon her. 7. The aforesaid facts indicates that the entire story of prosecution is false and bogus and further indicates that the FIR has been lodged after delay of about more than five years. 8. It is also stated that there is not medical evidence to corroborate the allegations, as the prosecutrix, being a married lady of about 35 years, herself denied to undergo medical examination. 9. Thus, indulgence of this Court is required in the matter. As such, appellant, who is in jail since 24.07.2025, is entitled for bail and the impugned order is liable to be set aside and the appeal is liable to be allowed. 10. Learned State Law Officer vehemently opposed the prayer of the appellant, however, he could not dispute the above contentions made by the appellant's counsel. 11. Considered the arguments advanced by the learned counsel for the appellant-applicant, learned State Law Officer, and gone through the contents of the appeal, impugned order, F.I.R., as well as statement of the witnesses including the statement of the informant recorded under Sections 183 BNSS. 12. Upon due consideration of above facts and circumstances including the delay in lodging FIR, the age of the victim as also the period of incarceration and 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. 13. Order dated 22.05.2025 passed by Special Judge, SC/ST Act, Gonda in Bail Application No. 988 of 2025 arising out of Case Crime No. 263 of 2025, under Sections 64(2)m, 115(2), 351(3), 127(2) of B.N.S. and Sections 3(1)द, ध of Act of 1989, P.S. Kotwali Nagar, District - Gonda is set aside. 14. Let appellant - Dharampal Singh, 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. 15. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law 16. 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 :- 18.8.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench