Neutral Citation No. - 2025:AHC-LKO:3110 Court No. - 13 Case :- CRIMINAL APPEAL No. - 2897 of 2024 Appellant :- Jalaj Pathak @ Krishnadev Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Appellant :- Umesh Chandra Tripathi,Mukesh Kumar Mishra,Rajan Mishra Counsel for Respondent :- G.A.,Nishant Sr,Nishant Srivastava,Pravesh Kumar Tiwari,Vivek Kumar Singh Hon'ble Rajeev Singh,J. 1. Heard. 2. The instant appeal has been filed on behalf of the appellant with following prayer:- "To quash the judgement and order dated 02.09.2024 passed by the Special Judge (SC/ST Act), Gonda in Case Crime No. 125 of 2024 u/s 109(1), 115(2), 351(2) B.N.S. and 3(2)(5) of SC/ST Act, Police Station- Chhapia, District- Gonda." 3. In pursuance of earlier order dated 06.01.2025, Mr. Rajesh Kumar Singh, Deputy Superintendent of Police/Circle Officer, Police Station- Mankapur, Gonda is present today before this Court along with case diary. 4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case and earlier in the year 2022, the appellant was implicated in a false case by the family members of the complainant of the present case. He further submits that the victim was in illicit relations with someone else and she was carrying pregnancy of 12 weeks, and when this fact came into notice of her family members, she was assaulted. As a result, when she received injuries, the appellant was implicated in the present case on the basis of concocted and fabricated facts. He next submits that there is major contradictions in the statements of the victim recorded u/s 180 & 183 B.N.S.S. and charge-sheet has already been submitted by the Investigating Officer. He also submits that the appellant is in jail since 31.07.2024 and there is no possibility of tempering of any evidence, hence, he may be enlarged on bail. 5. Learned A.G.A. as well as learned counsel for the complainant vehemently opposes the prayer of the appellant. However, they do not dispute the fact that there are major contradictions in the statements of the victim recorded u/s 180 & 183 B.N.S.S. 6. Considering the submissions of learned counsel for the parties and going through the record, it is evident that there are major contradictions in the statements of the victim recorded u/s 180 & 183 B.N.S.S. Therefore, the appellant is entitled to be released on bail and the impugned order is liable to be set aside. 7. Resultantly, in view of the above facts and circumstances of the case by keeping in view the fact that the trial of the case is not likely to be concluded in near future, hence, the appeal has substance and it is accordingly allowed. The order dated 02.09.2024 passed by the Special Judge (SC/ST Act), Gonda is hereby set aside. 8. Let the appellant- Jalaj Pathak @ Krishnadev 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. The trial Court is directed to conclude the trial of the case in question expeditiously without giving any unnecessary adjournment to either of the parties. Order Date :- 17.1.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench