HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2883 of 2024 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard. 2. By means of instant appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 the appellant has challenged the impugned order dated 17.08.2024 passed by Special Judge, SC/ST Act, Lucknow in Bail Application No. 3310 of 2024, arising out of Case Crime No. 306 of 2024 under Sections 354, 323, 336, 313 IPC and Section 3(1)(Da), (Dha) and 3(2)(V) of SC/ST Act, P.S.-Para, District-Lucknow. 3. It is stated that the victim/opposite party No. 2 (complainant), who lodged the FIR, the basis of pending criminal proceedings, has been declared hostile before the trial Court and this fact has not been disputed by the learned AGA appearing for the State. In this regard, reliance has been placed on the Annexure No. RA-1 of the rejoinder affidavit filed by the learned counsel for the appellant. 4. Thus, taking note of aforesaid facts and circumstances of the case, indulgence of this Court is required in the matter and the impugned order is liable to be set aside and the appeal is liable to be allowed and the appellant, who is in jail since 01.06.2024, is entitled to be released on bail. 5. Learned A.G.A. vehemently opposed the prayer of the applicant, however, he could not dispute the above contentions made by the appellant's counsel. 6. Considered the arguments advanced by the learned counsel for the Versus Counsel for Appellant(s) : Jay Kumar Soni, Anshuman Singh, Durga Prasad Shukla, Pradeep Kumar, Pramod Kumar, Shiv Kumar Saroj Counsel for Respondent(s) : G.A. Rinku Rathaur .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Respondent(s) appellant, learned A.G.A., and gone through the contents of the appeal, impugned order, F.I.R., injury report as well as other relevant documents including the statement(s) recorded by the Investigating Officer during investigation. 7. Upon due consideration of above facts and circumstances including the fact that the complainant/opposite party No.2 has been declared hostile before the trial Court as 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. 8. The impugned order 17.08.2024 passed by Special Judge, SC/ST Act, Lucknow in Bail Application No. 3310 of 2024, arising out of Case Crime No. 306 of 2024 under Sections 354, 323, 336, 313 IPC and Section 3(1)(Da), (Dha) and 3(2)(V) of SC/ST Act, P.S.-Para, District-Lucknow, is hereby set aside. 9. Let appellant-Rinku Rathaur 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 CRLA No. 2883 of 2024 2 the dates fixed for recording of statement under Section 313 Cr.P.C. 10. 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. September 24, 2025 Vinay/- CRLA No. 2883 of 2024 3 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench