HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 1600 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. As per Office report dated 04.09.2025, the service of notice upon opposite party No. 2 is sufficient. Today, when the case called out, no one appeared on behalf of opposite party No. 2 to oppose the present bail appeal. In this background of the case, this Court proceeded to decide the appeal on merits. 2. Heard. 3. 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 23.04.2025 passed by the Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No. 142 of 2025, arising out of Case Crime No. 86 of 2025 under Sections 64(1), 352, 351(3) BNS and 3(1)da, 3(1)dha and 3(2)V of SC/ST Act, P.S.-Fardhan, District-Kheri. 4. While seeking bail in the instant appeal following facts have been indicated:- (i) According to the FIR, the incident is of 05.03.2025 at about 13:30 hours in the mid day and thereafter FIR was lodged with delay of three days i.e. 08.03.2025. (ii) The FIR indicates that the applicant committed rape with the informant/victim, a married lady. The FIR also indicates that the crime was committed when the victim was returning to home after easing herself. (iii) The FIR also indicates that the crime was committed in open place, thus, taking note of aforesaid, the story of the prosecution is completely false, Versus Counsel for Appellant(s) : Surendra Kumar Mishra, Amit Kumar Awasthi Counsel for Respondent(s) : G.A. Vivek Yadav .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Respondent(s) bogus and therefore it appears that the FIR has been lodged by the victim just to get pecuniary benefit from the State-exchequer. (iv) The aforesaid can be deduced from the Medico Legal Report dated 10.03.2025, according to which, Doctor concerned find no injury on the body of the victim. (v) The appellant has no criminal history to his credit and is in jail since 12.03.2025. 5. 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. 6. Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the above contentions made by the appellant's counsel. 7. Considered the arguments advanced by the learned counsel for the appellant, learned A.G.A., and gone through the contents of the appeal, impugned order, F.I.R., medical report as well as other relevant documents including the statement(s) recorded by the Investigating Officer during investigation. 8. Upon due consideration of above facts and circumstances including the statement(s) of the victim and contents of the FIR 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. 9. The impugned order dated 23.04.2025 passed by the Special Judge, SC/ST Act, Lakhimpur Kheri in Bail Application No. 142 of 2025, arising out of Case Crime No. 86 of 2025 under Sections 64(1), 352, 351(3) BNS and 3(1)da, 3(1)dha and 3(2)V of SC/ST Act, P.S.-Fardhan, District- Kheri, is hereby set aside. 10. Let appellant-Vivek Yadav be released on bail in the aforesaid case crime number on her 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). CRLA No. 1600 of 2025 2 (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 the dates fixed for recording of statement under Section 313 Cr.P.C. 11. 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. November 12, 2025 Vinay/- CRLA No. 1600 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench