HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2295 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Rejoinder affidavit filed in the Court today is taken on record. 2. Case called out. No one appeared on behalf of the respondent No. 2/complainant/victim despite service of notice, as appears from Annexure No. CA-1 to the counter affidavit of State and order of this Court dated 20.08.2025. Learned AGA is present in the Court. In these circumstances, the Court proceeded to hear the instant bail appeal on merits. 3. Heard counsel for the appellant, learned A.G.A. for the State and perused the record. 4. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 01.07.2025 passed by Additional Sessions Judge/Special Judge (SC/ST P.A. Act), Hardoi in Bail Application No. 1657 of 2025, arising out of FIR/Case Crime No. 0233 of 2025, under Section- 69 B.N.S. and Section- 3(2)(V) of SC/ST Act, Police Station- Beniganj, District- Hardoi. 5. While pressing the present appeal, learned counsel for the appellant submitted that the informant/victim, who is a major lady aged about 23 years, was in love affair with the appellant for the past about 4 years and therefore, physical relations were established between them with the consent of victim, thus, if the case of prosecution as narrated by the victim in her statements recorded in terms of Sections 180 B.N.S.S. and 183 B.N.S.S. is taken on its face value then in that eventuality, possibility of conviction of appellant is bleak in view of law settled by the Hon'ble Apex Court in the Versus Counsel for Appellant(s) : Alok Kumar Mishra Counsel for Respondent(s) : G.A. Hariom Pandey .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Respondent(s) judgment(s) rendered in the case of Deepak Gulati vs. State of Haryana, (2013) 7 SCC 675; Sonu @ Subhash Kumar 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, having no criminal history, is languishing in jail since 06.06.2025. 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 A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the appellant. 8. Considered the submissions advanced by the counsel for the appellant, 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 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 that the appellant is in jail since 06.06.2025 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 01.07.2025 passed by Additional Sessions Judge/Special Judge (SC/ST P.A. Act), Hardoi in Bail Application No. 1657 of 2025, arising out of FIR/Case Crime No. 0233 of 2025, under Section- 69 B.N.S. and Section- 3(2)(V) of SC/ST Act, Police Station- Beniganj, District- Hardoi is hereby set aside. 11. Let the appellant- Hariom Pandey 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 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. CRLA No. 2295 of 2025 2 (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. August 28, 2025 Arun/- CRLA No. 2295 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench