Neutral Citation No. - 2025:AHC:50670 Court No. - 80 Case :- CRIMINAL APPEAL No. - 12712 of 2024 Appellant :- Vivek Nishad Respondent :- State of U.P. and Another Counsel for Appellant :- Pramod Kumar Pandey,Sanjeev Kumar Khare Counsel for Respondent :- Bharat Bhushan Swaroop Ojha,G.A.,Gyanendra Pratap Sharma,Saroja Harijan Hon'ble Nalin Kumar Srivastava,J. 1. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as SC/ST Act) has been preferred by the appellant Vivek Nishad with the prayer to set aside the bail rejection order dated 04.12.2024 passed by the Special Judge (SC/ST Act), Kaushambi and to release him on bail in Case Crime No. 311 of 2024, under Sections 64, 333, 351 (2) B.N.S. and Section 3(2)(v) of SC/ST Act, Police Station Sandipanghat, District Kaushambi. 2. Heard learned counsel for the appellant and learned A.G.A. for the State and learned counsel for the opposite party no. 2 and perused the record. 4. The prosecution story in brief is that on 12.11.2024 at about 10.30 A.M. when minor daughter of the informant was alone in his house, the present accused appellant entered into house of the informant and committed rape upon the victim after closing her mouth. In the evening when the informant came to his house, the victim narrated him about the incident. F.I.R. was lodged and after investigation, charge sheet was submitted. 3. It is submitted by the learned counsel for the appellant that the appellant is innocent, he has not committed the alleged offence but he has been falsely implicated in this case. It is further submitted that the the prosecution story is absolutely false and concocted. It is next submitted that there are material contradictions in the statements of the victim recorded under Sections 180 and 183 B.N.S.S. It is also submitted that the medical report does not corroborate the prosecution version and no any kind of rape has been opined by the doctor. It is further submitted that since the victim of this case was engaged in the job of making illegal liquor which was complained by the appellant and due to said animosity, the appellant has been falsely implicated in this case. 4. Per contra, learned AGA vehemently opposed the prayer for bail and it has been submitted that the victim in her statements recorded under Sections 180 and 183 B.N.S.S. has categorically stated that the present appellant had committed rape upon her after entering into her house. It is next submitted that the victim belonged to scheduled caste/scheduled tribe community and there was no reason for false implication of the appellant. It is also submitted that the offence of the appellant is very serious wherein rape has been committed with the daughter of the informant after entering into house of the informant. 5. 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. 6. Having regard to the facts and circumstances of the case and keeping in view the gravity of the offence, evidence, complicity of the accused, role of the appellant and also considering the fact that a lady is not safe and secure even in her house and there was no reason for false implication of the appellant and the reason disclosed for false implication of the appellant does not appeal to this Court, therefore, this Court is of the opinion that no ground for bail is made out and the appeal deserves to be dismissed. 8. Accordingly, the appeal is dismissed. Order Date :- 8.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad