HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2239 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard counsel for the appellant, Ms. Suchita Tripathi, learned counsel for opposite party no.2 and 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 (Prevention of Atrocities) Act, 1989 (in short 'SC/ST Act') against the impugned order dated 13.06.2025 passed by the Special Judge (SC/ST Act), Pratapgarh in Bail Application No.1724 of 2025, arising out of FIR/Case Crime No.0085 of 2025, under Section- 69 of B.N.S.S. and Section- 3(2)(v) of SC/ST Act, Police Station- Raniganj, District- Pratapgarh. 3. While pressing the present appeal, learned counsel for the appellant submitted the allegations levelled in the FIR are completely incorrect, as the same could be deduced from bare reading of F.I.R. the statement(s) of victim, aged about 21 years, recorded in terms of Sections 180 & 183 B.N.S.S. 4. Based upon aforesaid including the statement(s) of victim, it is further stated that the victim, was in fact in affair with the appellant. 5. It is stated that from the allegations levelled by the victim, it is apparent that the appellant established physical relation on the pretext of solemnizing marriage and as such the case of appellant is covered by the judgment of the Versus Counsel for Appellant(s) : Meva Lal Yadav, Harshita Gupta, Saddam Khan Counsel for Respondent(s) : G.A., Raj Kumar Upadhyaya (R.K.Upadhyaya), Suchita Tripathi Gaurav Patel .....Appellant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Respondent(s) Hon'ble Apex Court passed in the case of Deepak Gulati vs. State of U.P. and Another; (2021) 7 SCC; Mandar Deepak Pawar vs. State of Maharashtra and Another; 2022 SCC Online SC 2110 and Amol Bhagwan Nehul vs. State of Maharashtra and another; 2025 SCC Online SC 1230. 6. It is further submitted that appellant is languishing in jail since 05.04.2025 and chance of conviction of the appellant in view of the facts of the case are extremely bleak. 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. 7. Learned counsel for opposite party no.2 as well as learned A.G.A. for the State opposed the prayer for bail, however, they could not dispute the aforesaid contentions of counsel for the appellant. 8. Considered the submissions advanced by the counsel for the appellant, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and all the relevant documents placed on record. 9. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant, learned counsel for opposite party no.2 and learned A.G.A., F.I.R., impugned order, as also the observations made by Hon'ble Apex Court in the judgments, referred above, including the fact that the victim is major aged about 21 years and the appellant is in jail since 05.04.2025 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed. 10. Order dated 13.06.2025 passed by the Special Judge (SC/ST Act), Pratapgarh in Bail Application No.1724 of 2025, arising out of FIR/Case Crime No.0085 of 2025, under Section- 69 of B.N.S.S. and Section- 3(2)(v) of SC/ST Act, Police Station- Raniganj, District- Pratapgarh is hereby set aside. 11. Let the appellant- Gaurav Patel be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like CRLA No. 2239 of 2025 2 amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (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 shall 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. 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 13. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) 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(s) made in this order. September 3, 2025 Anand/- CRLA No. 2239 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench