Neutral Citation No. - 2025:AHC:24004 Court No. - 82 Case :- CRIMINAL APPEAL No. - 11152 of 2024 Appellant :- Nadeem Respondent :- State of U.P. and Another Counsel for Appellant :- Chandra Bhushan Prasad,Firoz Ahmad Khan Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Supplementary affidavit filed today is taken on record. 2. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Nadeem with the prayer to set aside the bail rejection order dated 5.9.2024 and 7.10.2024 passed by the Sessions Judge, Agra and Additional Sessions Judge / Special Judge (SC/ST Act), Agra and to release the appellant on bail in case crime no. 65 of 2024 under Sections 64(1), 351(2) of BNS and Section 3(2)(v) of SC/ST Act, P.S. Bamrauli Katara, District Agra. 3. Heard learned counsel for the appellant as well as the learned AGA and perused the entire record. 4. The prosecution story, as culled out from the record, is that on 6.8.2024 at about 12.00 noon rape was committed by the appellant with her maid when she was doing household work and she was also threatened for dire consequences if she discloses the same to her husband. F.I.R. was lodged and investigation started which culminated into charge sheet. 5. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He has not committed the present offence. Alleged offences are not attracted against him. The real story is that the victim of this case was maid servant in the shop of the appellant and she had stolen some money from the cash counter but was held by the appellant and when she was threatened by the appellant that the matter would be reported to the police, a false F.I.R. in consultation with her husband was lodged on the next day of the alleged incident. Medical report does not corroborate the prosecution version. There is no other witness to corroborate the prosecution version whereas the shop of the appellant is situated in a public area. The appellant has no criminal history to his credit. The Court concerned while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. Appellant is in jail since 8.8.2024. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 6. On the other hand, learned AGA opposing the prayer for grant of bail submitted that the appellant committed the present offence having knowledge that the prosecutrix belonged to SC/ST community. Victim of this case has supported the alleged incident in her statements recorded under Sections 180 and 183 of BNSS. There is absolutely no reason for false implication of the appellant by the prosecutrix in this case. Rape has been committed with a married lady. There is no infirmity or illegality in the impugned order and appeal deserves to be dismissed. 7. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned orders carefully. 8. It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the Court concerned has properly considered the case of the appellant while deciding the bail applications. Hence, having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, role of the appellant, the Court is of the opinion that the appellant has not made out a case for bail. The Court concerned passed a reasoned order while rejecting the bail application of the appellant. The impugned order does not suffer from infirmity and illegality and the same is liable to be affirmed and the appeal is liable to be dismissed. 9. Accordingly, the impugned orders rejecting the bail applications of the appellant are affirmed and the appeal is dismissed. Order Date :- 19.2.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad