State Of U.P. Thru. Prin. Secy. Home Lko. And Another vs Counsel for Appellant(s)

learned counsel for the appellant and the learned AGA for the State were present.

3. In the interest of justice, the case is adjourned for the day.

4. List/put up on 11.09.2025.

5. It is made clear that on the next date fixed, the case would not be adjourned on account of absence of opposite party Nos. 2 and 3 and the same would be heard on merits as the issue relates to enlargement of appellant on bail."

2. Today when the case called out. No one appeared on behalf of the respondent nos. 2 and 3 to oppose the present appeal. In this view of the matter, this Court proceeded to hear the instant appeal.

3. Heard learned counsel for the appellant and learned A.G.A. for the State- respondent.

4. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 (in short "Act of 1989") against the impugned order dated 11.09.2024 passed by Special Judge, SC/ST Act, Barabanki in Bail Application No. 2 CRLA No. 1910 of 2025 2952 of 2024 arising out of Case Crime No. 323 of 2024, under Sections 137(2), 87, 127(2) of BNS and Sections 3(1)(da), 3(1)(dha), 3(2)(v) of Act of 1989, P.S. Tikait Nagar, District - Barabanki.

5. Pressing the present appeal and impeaching the order under appeal, learned counsel for the appellant stated that the appellant has been falsely implicated in the case.

6. It is stated that Opposition Party No. 2 lodged the FIR against the appellant making allegations which are to the effect that the appellant enticed away the minor daughter of the informant and taking note of the allegations made therein the FIR was lodged under Sections 137(2), 87, 127(2) of BNS and Sections 3(1)(da), 3(1)(dha), 3(2)(v) of Act of 1989.

7. It is further stated that allegations levelled in the FIR in fact against the appellant are not correct, as would appear from medical legal report which indicates that medical examination was denied.

8. It is also stated that from the statement(s) of the victim recorded under in terms of Section(s) 180 and 183 BNSS it is apparent that the victim was in affair with the appellant and therefore she on her own volition left her parental house and these statements would further indicate that the appellant has not established physical relations with the victim, who according to medical examination opinion was aged about 15 years at the time of incidence, though in the FIR, her date of birth has been indicated as 13 years, and in her appearance, victim appears mature.

9. It is also stated that the appellant, being 20 years, was not in a dominating position.

10. Thus, indulgence of this Court is required and as such, the appellant, who is in jail since 19.07.2024 and has no criminal history, is entitled for bail and the impugned order is liable to be set aside and the appeal is liable to be allowed.

11. 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.

12. Considered the arguments advanced by the learned counsel for the appellant- applicant, learned A.G.A., and gone through the contents of the appeal, impugned order, F.I.R., medical report as well as statement of the statement(s) of the victim recorded under Section(s) 180 and 183 BNSS.

13. Upon due consideration of above facts and circumstances including the medical opinion and the age of the victim as also the period of incarceration since 19.07.2024 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.

14. Order dated 11.09.2024 passed by Special Judge, SC/ST Act, Barabanki in Bail 3 CRLA No. 1910 of 2025 Application No. 2952 of 2024 arising out of Case Crime No. 323 of 2024, under Sections 137(2), 87, 127(2) of BNS and Sections 3(1)(da), 3(1)(dha), 3(2)(v) of Act of 1989, P.S. Tikait Nagar, District - Barabanki is set aside.

15. Let appellant Salman, 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 :- (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./Section 351 BNSS.

16. 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

17. 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. September 11, 2025 Mohit Singh/- (Saurabh Lavania,J.) MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

learned counsel for the appellant and the learned AGA for the State were present.

3. In the interest of justice, the case is adjourned for the day.

4. List/put up on 11.09.2025.

5. It is made clear that on the next date fixed, the case would not be adjourned on account of absence of opposite party Nos. 2 and 3 and the same would be heard on merits as the issue relates to enlargement of appellant on bail."

2. Today when the case called out. No one appeared on behalf of the respondent nos. 2 and 3 to oppose the present appeal. In this view of the matter, this Court proceeded to hear the instant appeal.

3. Heard learned counsel for the appellant and learned A.G.A. for the State- respondent.

4. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 (in short "Act of 1989") against the impugned order dated 11.09.2024 passed by Special Judge, SC/ST Act, Barabanki in Bail Application No. 2 CRLA No. 1910 of 2025 2952 of 2024 arising out of Case Crime No. 323 of 2024, under Sections 137(2), 87, 127(2) of BNS and Sections 3(1)(da), 3(1)(dha), 3(2)(v) of Act of 1989, P.S. Tikait Nagar, District - Barabanki.

5. Pressing the present appeal and impeaching the order under appeal, learned counsel for the appellant stated that the appellant has been falsely implicated in the case.

6. It is stated that Opposition Party No. 2 lodged the FIR against the appellant making allegations which are to the effect that the appellant enticed away the minor daughter of the informant and taking note of the allegations made therein the FIR was lodged under Sections 137(2), 87, 127(2) of BNS and Sections 3(1)(da), 3(1)(dha), 3(2)(v) of Act of 1989.

7. It is further stated that allegations levelled in the FIR in fact against the appellant are not correct, as would appear from medical legal report which indicates that medical examination was denied.

8. It is also stated that from the statement(s) of the victim recorded under in terms of Section(s) 180 and 183 BNSS it is apparent that the victim was in affair with the appellant and therefore she on her own volition left her parental house and these statements would further indicate that the appellant has not established physical relations with the victim, who according to medical examination opinion was aged about 15 years at the time of incidence, though in the FIR, her date of birth has been indicated as 13 years, and in her appearance, victim appears mature.

9. It is also stated that the appellant, being 20 years, was not in a dominating position.

10. Thus, indulgence of this Court is required and as such, the appellant, who is in jail since 19.07.2024 and has no criminal history, is entitled for bail and the impugned order is liable to be set aside and the appeal is liable to be allowed.

11. 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.

12. Considered the arguments advanced by the learned counsel for the appellant- applicant, learned A.G.A., and gone through the contents of the appeal, impugned order, F.I.R., medical report as well as statement of the statement(s) of the victim recorded under Section(s) 180 and 183 BNSS.

13. Upon due consideration of above facts and circumstances including the medical opinion and the age of the victim as also the period of incarceration since 19.07.2024 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.

14. Order dated 11.09.2024 passed by Special Judge, SC/ST Act, Barabanki in Bail 3 CRLA No. 1910 of 2025 Application No. 2952 of 2024 arising out of Case Crime No. 323 of 2024, under Sections 137(2), 87, 127(2) of BNS and Sections 3(1)(da), 3(1)(dha), 3(2)(v) of Act of 1989, P.S. Tikait Nagar, District - Barabanki is set aside.

15. Let appellant Salman, 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 :- (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./Section 351 BNSS.

16. 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

17. 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. September 11, 2025 Mohit Singh/- (Saurabh Lavania,J.) MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench