Shiblu v. State of U.P.), arising out of Case Crime No

3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the order dated 11.12.2023 passed by Special Judge, SC/ST Act, Gonda, in Bail Application No.3048 of 2023 (Shivam @ Shiblu vs. State of U.P.), arising out of Case Crime No.933 of 2023, under Section 363, 366, 368 I.P.C. and Section 3(2)(v) of SC/ST Act, Police Station- Kotwali Nagar, District- Gonda.

4. While pressing the instant bail appeal, learned counsel for the appellant stated that the appellant has not been arrested in terms of the order of this Court dated 09.01.2024 passed in this appeal earlier. The order dated 09.01.2024, referred, is extracted hereunder:- "(Order on Appeal)

1. Heard.

2. Issue notice to the private respondent.

3. List this case on 4.3.2024. (Criminal Misc. Bail Application No.1 of 2024)

1. Heard learned counsel for the appellant and learned A.G.A.

2. A prayer for bail has been made by the appellant in this criminal appeal, which has been filed against the judgement and order dated 11.12.2023 passed by learned Special Judge, SC/ST Act, Gonda in Bail Application No.3048/2023, arising out of Case Crime No.933 of 2023, under sections 363, 366, 368 I.P.C. & Section 3(2)(v) of SC/ST Act, Police Station- Kotwali Nagar, District- Gonda.

3. Learned counsel for the appellant has submitted that appellant was falsely implicated in the present case. He further submitted that in the F.I.R., it is alleged that victim was enticed away by the appellant and his family members and thereafter, victim appeared before the concerned police station and her statements under Sections 161 and 164 Cr.P.C., were recorded, in which, she categorically stated that she knew appellant since last three years 2 CRLA No. 60 of 2024 and like him and she was victimized by her father when she caught with phone in conversation with the appellant, as a result, she left her house and came to the appellant and entered into marriage with him in a temple and when this fact came into her notice that appellant and his family members are taken into custody by the police, she came back and stated that after attaining the age of majority, i.e., 18 years, she wants to enjoy her life with the appellant. He further submitted that as per the radiological examination, age of the victim was found 18-19 years but all these facts were not considered by the court below. He further submitted that without considering the contents of the statement of victim recorded under Sections 161 and 164 Cr.P.C., the bail application of the appellant was rejected by the court below. He further submitted that there is no possibility of hearing of the appeal in near future, hence, the appellant is entitled for bail.

4. Learned A.G.A. has opposed the prayer for bail but he does not dispute this fact that victim has not supported the prosecution version in her statement.

5. Having heard the submission made by learned counsel for the appellant as well as learned A.G.A and perused the material brought on record, statements of the victim recorded under Sections 161 and 164 Cr.P.C. and the ossification test, in which, her age was found 18-19 years, this Court is of the view that appellant is entitled to be released on bail during the pendency of criminal appeal before this Court.

6. Let the appellant-applicant Shivam @ Shiblu, involved in aforesaid case be released on bail on furnishing a personal bond of Rs.25,000/- with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) Fifty percent of fine imposed by the trial court shall be deposited by the appellant- applicant at the time of his release. (ii) The appellant-applicant shall cooperate in the disposal of appeal without seeking unnecessary adjournment. (iii) The appellant-applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail."

5. It is further that co-accused Akash @ Akash Kumar has already been granted bail by this Court vide order dated 03.04.2024 passed in Criminal Appeal No. 3511 of 2023. The relevant portion of the order dated 11.09.2025, referred, is extracted hereinunder:- "4. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the order dated 02.12.2023 passed by Special Judge, SC/ST Act, Gonda, in Bail Application No.2938 of 2023 (Aksah vs. State of U.P.), arising out of Case Crime No.933 of 2023, under Section 363, 366, 368 I.P.C. and Section 3(2)(v) of SC/ST Act, Police Station- Kotwali Nagar, District- Gonda.

5. While pressing the instant application for bail, learned counsel for the appellant submitted that the appellant is innocent and he has falsely been implicated in the present case and he is in jail since 12.10.2023 and has no previous criminal history. He further submitted that in the F.I.R., it is alleged that victim was enticed away by the appellant and his family members and thereafter, victim appeared before the concerned police station and her statements under Sections 161 and 164 Cr.P.C., were recorded, in which, she categorically stated that she knew appellant since last three years and like him and she was victimized by her father when she caught with phone in conversation with the appellant, as a result, she left her house and came to the appellant and entered into marriage with him in a temple and when this fact came into notice, the appellant and his family members are taken into custody by the police and victim also stated that after attaining the age of majority, i.e., 18 years, she wants to enjoy her life with the appellant. He further submitted that as per the radiological examination, age of the victim was found 18-19 years but all these facts were not considered by the court below. He further submitted that without 3 CRLA No. 60 of 2024 considering the contents of the statement of victim recorded under Sections 161 and 164 Cr.P.C., the bail application of the appellant was rejected by the court below. He further submitted that there is no possibility of hearing of the case in near future, hence, the appellant is entitled to be enlarged on bail.

6. He further stated that co-accused, namely, Shivam @ Shiblu has already been enlarged on bail by this Court vide order dated 09.01.2024 passed in Criminal Appeal No.60 of 2024 (Copy of bail order of co-accused, placed before this Court, is taken on record). He also submitted that in these circumstances, the appellant is also entitled to be released on bail on the ground of parity and the appeal is liable to be allowed and the impugned order is liable to be set aside.

7. Learned A.G.A. has opposed the prayer for bail but he could not dispute the fact that victim has not supported the prosecution version in her statement.

8. 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., as also relevant documents on record including the statements of the victim recorded under Sections 161 and 164 Cr.P.C. and the ossification test, in which, her age was found 18-19 years.

9. Upon due consideration of above facts and circumstances, this Court is of the view that learned trial court failed to consider the aforesaid aspect of the case, hence, impugned order is liable to be set aside and the appellant is entitled to be released on bail and taking note of the same as also the fact that the co-accused has already been released on bail, 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.

10. Order dated 02.12.2023 passed by Special Judge, SC/ST Act, Gonda, in Bail Application No.2938 of 2023 (Aksah vs. State of U.P.), arising out of Case Crime No.933 of 2023, under Section 363, 366, 368 I.P.C. and Section 3(2)(v) of SC/ST Act, Police Station- Kotwali Nagar, District- Gonda, is hereby set aside.

11. Let the appellant Akash @ Akash Kumar be released on bail in the aforesaid case crime number on his 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 :-"

6. 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.

7. 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 including that co- accused Akash @ Akash Kumar has already been granted bail by this Court.

8. 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 that co-accused Akash @ Akash Kumar has already been granted bail by this Court.

9. Upon due consideration of above facts and circumstances including the statement(s) of the victim and contents of the FIR including that co-accused Akash @ Akash Kumar has already been granted bail by this Court 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.

10. The impugned order dated 11.12.2023 passed by Special Judge, SC/ST Act, Gonda, in Bail Application No.3048 of 2023 (Shivam @ Shiblu vs. State of U.P.), arising out of Case Crime No.933 of 2023, under Section 363, 366, 368 I.P.C. and 4 CRLA No. 60 of 2024 Section 3(2)(v) of SC/ST Act, Police Station- Kotwali Nagar, District- Gonda, is hereby set aside.

11. Let the appellant- Shivam @ Shiblu 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). (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.

12. 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 14, 2025 Arun/- (Saurabh Lavania,J.)

3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the order dated 11.12.2023 passed by Special Judge, SC/ST Act, Gonda, in Bail Application No.3048 of 2023 (Shivam @ Shiblu vs. State of U.P.), arising out of Case Crime No.933 of 2023, under Section 363, 366, 368 I.P.C. and Section 3(2)(v) of SC/ST Act, Police Station- Kotwali Nagar, District- Gonda.

4. While pressing the instant bail appeal, learned counsel for the appellant stated that the appellant has not been arrested in terms of the order of this Court dated 09.01.2024 passed in this appeal earlier. The order dated 09.01.2024, referred, is extracted hereunder:- "(Order on Appeal)

1. Heard.

2. Issue notice to the private respondent.

3. List this case on 4.3.2024. (Criminal Misc. Bail Application No.1 of 2024)

1. Heard learned counsel for the appellant and learned A.G.A.

2. A prayer for bail has been made by the appellant in this criminal appeal, which has been filed against the judgement and order dated 11.12.2023 passed by learned Special Judge, SC/ST Act, Gonda in Bail Application No.3048/2023, arising out of Case Crime No.933 of 2023, under sections 363, 366, 368 I.P.C. & Section 3(2)(v) of SC/ST Act, Police Station- Kotwali Nagar, District- Gonda.

3. Learned counsel for the appellant has submitted that appellant was falsely implicated in the present case. He further submitted that in the F.I.R., it is alleged that victim was enticed away by the appellant and his family members and thereafter, victim appeared before the concerned police station and her statements under Sections 161 and 164 Cr.P.C., were recorded, in which, she categorically stated that she knew appellant since last three years 2 CRLA No. 60 of 2024 and like him and she was victimized by her father when she caught with phone in conversation with the appellant, as a result, she left her house and came to the appellant and entered into marriage with him in a temple and when this fact came into her notice that appellant and his family members are taken into custody by the police, she came back and stated that after attaining the age of majority, i.e., 18 years, she wants to enjoy her life with the appellant. He further submitted that as per the radiological examination, age of the victim was found 18-19 years but all these facts were not considered by the court below. He further submitted that without considering the contents of the statement of victim recorded under Sections 161 and 164 Cr.P.C., the bail application of the appellant was rejected by the court below. He further submitted that there is no possibility of hearing of the appeal in near future, hence, the appellant is entitled for bail.

4. Learned A.G.A. has opposed the prayer for bail but he does not dispute this fact that victim has not supported the prosecution version in her statement.

5. Having heard the submission made by learned counsel for the appellant as well as learned A.G.A and perused the material brought on record, statements of the victim recorded under Sections 161 and 164 Cr.P.C. and the ossification test, in which, her age was found 18-19 years, this Court is of the view that appellant is entitled to be released on bail during the pendency of criminal appeal before this Court.

6. Let the appellant-applicant Shivam @ Shiblu, involved in aforesaid case be released on bail on furnishing a personal bond of Rs.25,000/- with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) Fifty percent of fine imposed by the trial court shall be deposited by the appellant- applicant at the time of his release. (ii) The appellant-applicant shall cooperate in the disposal of appeal without seeking unnecessary adjournment. (iii) The appellant-applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail."

5. It is further that co-accused Akash @ Akash Kumar has already been granted bail by this Court vide order dated 03.04.2024 passed in Criminal Appeal No. 3511 of 2023. The relevant portion of the order dated 11.09.2025, referred, is extracted hereinunder:- "4. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the order dated 02.12.2023 passed by Special Judge, SC/ST Act, Gonda, in Bail Application No.2938 of 2023 (Aksah vs. State of U.P.), arising out of Case Crime No.933 of 2023, under Section 363, 366, 368 I.P.C. and Section 3(2)(v) of SC/ST Act, Police Station- Kotwali Nagar, District- Gonda.

5. While pressing the instant application for bail, learned counsel for the appellant submitted that the appellant is innocent and he has falsely been implicated in the present case and he is in jail since 12.10.2023 and has no previous criminal history. He further submitted that in the F.I.R., it is alleged that victim was enticed away by the appellant and his family members and thereafter, victim appeared before the concerned police station and her statements under Sections 161 and 164 Cr.P.C., were recorded, in which, she categorically stated that she knew appellant since last three years and like him and she was victimized by her father when she caught with phone in conversation with the appellant, as a result, she left her house and came to the appellant and entered into marriage with him in a temple and when this fact came into notice, the appellant and his family members are taken into custody by the police and victim also stated that after attaining the age of majority, i.e., 18 years, she wants to enjoy her life with the appellant. He further submitted that as per the radiological examination, age of the victim was found 18-19 years but all these facts were not considered by the court below. He further submitted that without 3 CRLA No. 60 of 2024 considering the contents of the statement of victim recorded under Sections 161 and 164 Cr.P.C., the bail application of the appellant was rejected by the court below. He further submitted that there is no possibility of hearing of the case in near future, hence, the appellant is entitled to be enlarged on bail.

6. He further stated that co-accused, namely, Shivam @ Shiblu has already been enlarged on bail by this Court vide order dated 09.01.2024 passed in Criminal Appeal No.60 of 2024 (Copy of bail order of co-accused, placed before this Court, is taken on record). He also submitted that in these circumstances, the appellant is also entitled to be released on bail on the ground of parity and the appeal is liable to be allowed and the impugned order is liable to be set aside.

7. Learned A.G.A. has opposed the prayer for bail but he could not dispute the fact that victim has not supported the prosecution version in her statement.

8. 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., as also relevant documents on record including the statements of the victim recorded under Sections 161 and 164 Cr.P.C. and the ossification test, in which, her age was found 18-19 years.

9. Upon due consideration of above facts and circumstances, this Court is of the view that learned trial court failed to consider the aforesaid aspect of the case, hence, impugned order is liable to be set aside and the appellant is entitled to be released on bail and taking note of the same as also the fact that the co-accused has already been released on bail, 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.

10. Order dated 02.12.2023 passed by Special Judge, SC/ST Act, Gonda, in Bail Application No.2938 of 2023 (Aksah vs. State of U.P.), arising out of Case Crime No.933 of 2023, under Section 363, 366, 368 I.P.C. and Section 3(2)(v) of SC/ST Act, Police Station- Kotwali Nagar, District- Gonda, is hereby set aside.

11. Let the appellant Akash @ Akash Kumar be released on bail in the aforesaid case crime number on his 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 :-"

6. 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.

7. 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 including that co- accused Akash @ Akash Kumar has already been granted bail by this Court.

8. 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 that co-accused Akash @ Akash Kumar has already been granted bail by this Court.

9. Upon due consideration of above facts and circumstances including the statement(s) of the victim and contents of the FIR including that co-accused Akash @ Akash Kumar has already been granted bail by this Court 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.

10. The impugned order dated 11.12.2023 passed by Special Judge, SC/ST Act, Gonda, in Bail Application No.3048 of 2023 (Shivam @ Shiblu vs. State of U.P.), arising out of Case Crime No.933 of 2023, under Section 363, 366, 368 I.P.C. and 4 CRLA No. 60 of 2024 Section 3(2)(v) of SC/ST Act, Police Station- Kotwali Nagar, District- Gonda, is hereby set aside.

11. Let the appellant- Shivam @ Shiblu 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). (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.

12. 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 14, 2025 Arun/- (Saurabh Lavania,J.)