Neutral Citation No. - 2025:AHC:29821 Court No. - 82 Case :- CRIMINAL APPEAL No. - 11548 of 2024 Appellant :- Imran Respondent :- State of U.P. and Another Counsel for Appellant :- Imran Mabood Khan Counsel for Respondent :- G.A.,Mukul Yadav Hon'ble Nalin Kumar Srivastava,J. 1. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant Imran against the bail rejection order dated 20.09.2024 passed by the learned Sessions Judge, Agra as well as the order dated 4.11.2024 passed by the learned Special Judge (SC/ST Act), Agra in case crime no. 126 of 2024 under Sections 376, 376-D, 419 I.P.C. and under Sections 3(2)5 SC/ST Act, Police Station Rakabganj, District- Agra. 2. Heard learned counsel for the appellant, learned AGA and perused the entire record. 3. The prosecution has come forward with the story that the present appellant started making phone call to the victim by some different names and by making some false excuses he took the victim to a hotel at Agra when she was going to attend the marriage ceremony of her friend and made physical contact with the victim on the false pretext of marriage on 16.6.2017. The relationship between the two continued and they stayed at different places and physical relations were made between them and they were living like a married couple. Subsequently she came to know that the real name of the appellant was not Mohit but Imram in the month of November, 2020. After sometime he started blackmailing her on the basis of some obscene video contents and also made several assault upon him and threatened her for conversion. The victim got pregnancy as a result of relations with the appellant but further she knew that the appellant had affairs with some other ladies and he also terminated the pregnancy of the victim and grabbed her jewelries and money and forcefully got her converted, meanwhile she was also used by her brother-in-law (Jija) Riyan Khan sexually. 4. 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. Essential ingredients to establish an offence under SC/ST Act are also missing in this case. It is further submitted that it is a case of consensual relationship between the two major persons of opposite sex. The victim of this case is a major lady and the appellant never played any force or fraud to the victim and she remained in physical contact with the accused appellant with her own free will and consent. It is further submitted that the appellant never made any false pretext of marriage with the victim and as a matter of fact that marriage agreement dated 1.12.2023 was also prepared by him which was found genuine when verified by the police. It is also submitted that the prosecutrix in her statement under Section 161 Cr.P.C. and 183 BNSS wherein she has made some self contradictory statements. The trial Court 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 28.02.2024 having no criminal history. 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. 5. On the other hand, learned AGA vehemently opposed the appeal and bail application moved by the accused appellant and it has been submitted that 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. It is further submitted that since the very inception of the relation the appellant had mala fide intention because at the first step he concealed his real religion from the victim of this case and further by black mailing her through some obscene videos he made physical relations with her by force and fraud. It is further submitted that during investigation the I.O. has collected ample evidence against the present accused appellant and charge sheet has been submitted against him in the name of Imran @ Mohit Mida. It is further submitted that the victim of this case belongs to the marginal section of society and is a member of SC/ST community. On these grounds prayer for dismissal of the appeal and rejection of the bail application has been made. 6. 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. 7. It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the trial court has properly considered the case of the appellant while deciding the bail application. 8. Hence, having regarding to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, the deliberate concealment of his religion by the appellant which gave rise to physical relations with the victim, 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 order rejecting the bail application of the appellant is affirmed and the appeal is dismissed. Order Date :- 3.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad