Neutral Citation No. - 2025:AHC:6331 Court No. - 82 Case :- CRIMINAL APPEAL No. - 11503 of 2024 Appellant :- Arshad Respondent :- State of U.P. and Another Counsel for Appellant :- Yogendra Pal Singh 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 - Arshad with the prayer to set aside the bail rejection order dated 22.10.2024 passed by the Special Judge (SC/ST Act), Muazaffarnagar and to release the appellant on bail in case crime no. 195 of 2024 under Sections 376, 506 IPC, Sections 3(2)(V) of SC/ST Act and 67-A I.T. Act, P.S. Budhana, District Muzaffarnagar. 3. Heard learned counsel for the appellant as well as the learned AGA and perused the entire record. None is present for the opposite party no.2 despite service of notice. 4. The prosecution has come forward with the allegation that friendly relations were developed between the named accused appellant and victim of this case on social sites and on call of the appellant the prosecutrix went Shamli and Merut to meet him and when she visited those places physical relations were made by the appellant with the victim and some obscene photographs and videos were also prepared by the appellant and subsequently when her marriage was settled somewhere else the said photographs and videos were made viral by the appellant on social sites. F.I.R. was lodged and after investigation now charge sheet has been submitted. 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. It is further submitted that it is a case of consensual relation between the appellant and the major victim of this case. Main allegation in the F.I.R. against the appellant is that when physical contacts were made between the two, the photographs and videos were made viral on social sites by the appellant. It is also submitted that as per the version of the F.I.R. physical relations were made between the two without the consent and free will of the victim. It is also submitted that some twisted statements have been made by the victim in her statements under Section 161 and 164 CrPC. Appellant has no criminal history to his credit. It is also submitted that essential ingredients to constitute offence under SC/ST Act are completely missing in this case. The appellant is in jail since 22.5.2024. 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. 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 bail submitted that the appellant committed the present offence having knowledge that the victim belonged to scheduled caste community. There is no infirmity or illegality in the impugned order. Obscene photographs and videos which were prepared by the appellant in respect of physical relations between the two have been made viral by the appellant and that became a hindrance in the marriage settlement of the victim of this case with some other person. There is no possibility of false implication of the appellant at this stage. 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 order carefully. 8. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, the fact that nothing has been collected by the I.O. in respect of making viral the obscene photographs and videos relating to the victim of this case by the present appellant and the same was handed over to the I.O. by the victim herself, the appellant has no criminal history, the Court is of the opinion that the appellant has made out a case for bail. The Court concerned erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 10. Let the aforesaid appellant involved in the aforesaid case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The appellant will not tamper with the evidence during the trial. (ii). The appellant will not pressurize/ intimidate the prosecution witness. (iii). The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv). The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (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. 11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 15.1.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad