HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 1123 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the appellant and the learned A.G.A. for the State-opposite party No. 1 and perused the entire record. 2. As per the office report dated 27.05.2025 notice has already been served upon the opposite party No. 2 but till date neither any counsel has appeared on behalf of opposite party No. 2 nor counter affidavit has been filed on her behalf. It appears that opposite party No. 2 is not interested to file any counter affidavit. 3. In the above circumstances, as the matter pertains to bail this Court has no option but to proceed for final arguments to decide the present appeal. 4. The present criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 12.03.2025 passed by the Special Judge SC/ST Act, Faizabad/Ayodhya in Bail Application No. 385/2025 arising out of Case Crime No. 662/2024, under Sections 137(2), 87, 352 B.N.S. and Section 3(2) (v) S.C./S.T. Act, Police Station Kotwali Nagar Ayodhya, District Ayodhya, whereby the bail application of the appellant has been rejected. 5. Lerned counsel for the appellant submits that the appellant has falsely been implicated in the presence case. The victim has left her house on her own free will. The appellant/applicant did not enticed her nor caused any Versus Counsel for Appellant(s) : Vinod Kumar, Anubhav Awasthi, Rakesh Khanna, Saket Kumar Tripathi Counsel for Respondent(s) : G.A. Mohammad Kaif .....Appellant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko And Another .....Respondent(s) force. He next submits that as per statement of the victim no physical relation was established. It has also been pointed out that the criminal history of the appellant has been explained in Para No. 11 of the rejoinder affidavit filed in support of the present appeal. It has been argued that the appellant is in jail since 19.12.2024 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 6. Learned counsel for the appellant further submits that in case the appellant is enlarged on bail, he shall not misuse the liberty of bail and he shall also fully cooperate with the trial. He has further submitted that there is no possibility of the appellant to intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case. 7. For the aforesaid reasons, learned counsel for the appellant submits that the instant criminal appeal deserves to be allowed and the order dated 12.03.2025 passed by the Special Judge SC/ST Act, Faizabad/Ayodhya in Bail Application No. 385/2025 arising out of Case Crime No. 662/2024, under Sections 137(2), 87, 352 B.N.S. and Section 3(2) (v) S.C./S.T. Act, Police Station Kotwali Nagar Ayodhya, District Ayodhya deserves to be set aside and consequently, the appellant deserves to be enlarged on bail during pendency of the trial. 8. Per contra, learned A.G.A. has vehemently opposed the prayer by submitting that there is active participation of accused/appellant in the crime. He further submits that the victim is minor aged about 15 years and the appellant has a criminal history, therefore, the accused/ appellant is not entitled to be enlarged on bail and the instant criminal appeal deserves to be dismissed. However, he has been unable to dispute the other factual submissions advanced by the learned counsel for the accused/appellant. 9. Upon consideration of the facts and circumstances of the case and material available on record, submissions of counsel for the appellant and learned A.G.A. and considering the facts and circumstance of the case and as per the statement of the victim recorded under Section 183 B.N.S.S. the victim had left the house of her father on her own free will and in that statement she had also admitted this fact that the appellant/accused did not establish any physical relation as well as the fact that the appellant is CRLA No. 1123 of 2025 2 in jail since 19.12.2024 and chances of conviction of the appellant in the instant case, without expressing any opinion on merit, this Court of the view that the learned court below has failed to appreciate the material available on record. The order passed by the court below is liable to be set aside. 10. Accordingly, the appeal is allowed. Consequently, the impugned order dated 12.03.2025 passed by the Special Judge SC/ST Act, Faizabad/Ayodhya in Bail Application No. 385/2025 arising out of Case Crime No. 662/2024, under Sections 137(2), 87, 352 B.N.S. and Section 3(2) (v) S.C./S.T. Act, Police Station Kotwali Nagar Ayodhya, District Ayodhya is hereby set aside. 11. Let the appellant- Mohammad Kaif be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties relating to his family members to the satisfaction of the court concerned subject to following additional conditions- (1) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial (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. CRLA No. 1123 of 2025 3 12. 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 13. 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 9, 2025 Arvind CRLA No. 1123 of 2025 4 (Pramod Kumar Srivastava,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench