Court No. - 13 Case :- CRIMINAL APPEAL No. - 3989 of 2024 Appellant :- Vivek Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Appellant :- Satish Kumar,Amit Bhardwaj Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. It is evident from the record that notice has already been served upon private respondent, however, none appears on her behalf. Therefore, the matter is being proceeded for final disposal. 2. Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record. 3. The present appeal has been filed for quashing the impugned order dated 29-11-2024 passed by Special Judge, SC/ST Act, Lucknow in Second Bail Application No.9260 / 2024, Vivek versus State of UP, in Case Crime No.306 / 2024, under Section- 137(2), 87 of B.N.S. and 3(2)V of S.C./S.T. act; Police Station- Bijnaur, Lucknow. 4. Learned counsel for the appellant submits that appellant was falsely implicated in the present case and he is in jail since 06.11.2024. He further submits that the victim of the case in question was classmate of appellant. He further submits that the victim was in friendship with the appellant and she was insisting him to solemnize marriage with her and she left her house on her own but when the appellant suggested her to go back, she lodged FIR of case in question. During the course of investigation, statements of victim were recorded under Sections 180 and 183 BNSS, in which, she has not supported the prosecution version. He further submits that the family members of the victim have refused to take her custody, thereafter, she has been sent to UP Women Protection Home, Lucknow. He further submits that the trial court has failed to consider the prosecution story as well as defense of appellant while rejecting the bail application of the appellant, therefore, the impugned order is liable to be set aside and appellant may be enlarged on bail. 5. Learned A.G.A. opposes the prayer of appellant but he does not dispute this fact that the prosecution in her statements recorded under Sections 180 and 183 BNSS has not supported the prosecution story. 6. Considering the submissions of learned counsel for the appellant, learned A.G.A. and going through the contents of appeal, copy of FIR, statement of victim as well as other relevant documents; it is evident that in the statements of victim recorded under Sections 180 and 183 BNSS, she has not supported the prosecution version. In such circumstances, this Court is of the view that learned trial court has failed to consider the aforesaid aspects, hence, the aforesaid impugned order is liable to be set aside and appellant is entitled to be released on bail. 7. Resultantly, in the above facts and circumstances of the case, the trial of the case is not likely to be concluded in near future, hence, the present appeal has substance, and it is accordingly allowed, and the impugned order dated 29-11-2024 passed by learned Special Judge, SC/ST Act, Lucknow is hereby set aside. 8. Let the appellant- Vivek 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 applicant 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. Order Date :- 4.3.2025/V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench