HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 1886 of 2023 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. As per office report dated 25.08.2023, the notice has been served upon opposite party no. 2. Today when the case is taken up, neither counsel on behalf of opposite party no. 2 is present nor any counter on his behalf has been filed, therefore, this Court has no option but to proceed in the matter to decide the instant appeal. Heard learned counsel for the appellant and learned AGA for the State. The present criminal appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 17.05.2023 passed by Special Judge SC/ST Act, Raebareli in Case Crime No. 42 of 2023, under Section 306 IPC and Section 3(2)(5) of SC/ST Act, Police Station Kheeron, District Raebareli. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. He further submits that there no ingredients of abetment. He next submits that the appellant has already been enlarged on interim bail vide order of this Court dated 16.06.2023. He next submits that after 5 months from the date of the alleged incident, the present FIR was lodged by moving an application under Section 156(3) of Cr.P.C. and the Investigating Versus Counsel for Appellant(s) : Sheo Prakash Singh Counsel for Respondent(s) : G.A. Devesh Sahu .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another .....Respondent(s) Officer has filed the chargesheet in mechanical manner. It is also submitted that as the charge sheet has been filed, there is no possibility of tampering of any evidence. There is no evidence against the appellant of false promise of marriage. For the aforesaid reasons, learned counsel for the appellant submits that the instant criminal appeal deserves to be allowed and the impugned order may be set aside and the interim bail granted to the appellant vide order dated 16.06.2023 may be confirmed. Per contra, learned AGA has opposed the prayer of the appellant, however, he has been unable to dispute the other factual submissions advanced by the learned counsel for the appellant. Considering the submissions of learned counsel for the parties and after perusal of material available on record, including the allegations made in the FIR, it transpires that there no ingredients of abetment; the appellant has already been enlarged on interim bail vide order of this Court dated 16.06.2023; after 5 months of the incident, the present FIR was lodged by moving an application under Section 156(3) of Cr.P.C. Without expressing any opinion on merit, this Court is of the view that the learned court below has failed to appreciate the material available on record, thus, the order passed by the court below is liable to be set aside. Accordingly, the appeal is allowed. Consequently, the order of interim bail, granted to the appellant dated 16.06.2023, is hereby confirmed and the the impugned order dated 17.05.2023 passed by Special Judge SC/ST Act, Raebareli in Case Crime No. 42 of 2023, under Section 306 IPC and Section 3(2)(5) of SC/ST Act, Police Station Kheeron, District Raebareli, is hereby set aside. Let the appellant-Devesh Sahu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties relating to his family members to the satisfaction of the court concerned, subject to following additional conditions- (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial CRLA No. 1886 of 2023 2 (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (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 shall 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.PC. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) 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(s) made in this order. October 17, 2025 kkv/ CRLA No. 1886 of 2023 3 (Pramod Kumar Srivastava,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench