Neutral Citation No. - 2025:AHC-LKO:4027 Court No. - 13 Case :- CRIMINAL APPEAL No. - 2887 of 2024 Appellant :- Suneel Kumar Maurya Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Ajey Singh Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the appellant and learned A.G.A. for the State. 2. It is evident from the record that notice was issued and the same was served upon respondent no.2 personally. However, no one has put in appearance on his behalf today. Therefore, this case is being decided with the assistance of learned counsel for the appellant and learned A.G.A. 3. The instant appeal has been filed by the appellant with a prayer to quash the impugned order dated 03.01.2024 passed by learned Special Judge (SC/ST Act), Bahraich in Bail Application No. 2798/12A/2023 moved by the appellant in F.I.R./Case Crime No. 0279 of 2023 u/s 306, 352, 504 I.P.C. and Section 3(1)da, 3(1)dha, 3(2)(5) of SC/ST Act and Section 66-E of I.T. Act, Police Station- Visheshwarganj, District- Bahraich; to release the appellant on bail in aforesaid case crime. 4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case as no alleged offense is made out against him. He further submits that as per the prosecution case, the appellant made some indecent videos or photos of the victim and he threatened her for fulfilling his demands, otherwise he would aired the same, hence, the victim committed suicide. He next submits that considering entire prosecution story, there is no evidence of abetment and all these facts were not considered by learned trial Court. He also submits that the appellant, who is in jail since 26.07.2023, does not have any criminal antecedent and charge-sheet has already been submitted by the Investigating Officer, still the trial is not going on. He lastly submits that the appellant is ready to cooperate in the trial, hence, he may be enlarged on bail and the impugned order is liable to be decided. 5. Learned A.G.A. vehemently opposes the prayer of the appellant and submits that after collecting sufficient evidence, the charge-sheet was submitted by the Investigating Officer. However, he does not dispute the fact that the evidence against the appellant is that he aired the alleged videos of the victim/deceased. 6. Considering the submissions of learned counsel for the parties and going through the contents of the appeal, F.I.R., impugned order as well as other material annexed with the appeal, it is evident that as per the prosecution case, the alleged videos of the deceased/victim were aired by the appellant, hence, she committed suicide. But, prima-facie there is no evidence of abetment. Thus, this is a fit case for bail. 7. Resultantly, in view of the above facts and circumstances of the case as well as keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is accordingly allowed. The impugned order dated 03.01.2024 passed by learned Special Judge (SC/ST Act), Bahraich in Bail Application No. 2798/12A/2023 is hereby set aside. 8. Let the appellant- Suneel Kumar Maurya involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:- (i) The appellant shall file an undertaking to the effect that he will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The appellant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the appellant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) 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. If in the opinion of the trial court absence of the appellant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to communicate this order to the trial court, forthwith. Order Date :- 22.1.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench