Neutral Citation No. - 2025:AHC:136967 Court No. - 83 Case :- CRIMINAL APPEAL No. - 12680 of 2024 Appellant :- Manoj Gaur Respondent :- State of U.P. and Another Counsel for Appellant :- Neeraj Singh Counsel for Respondent :- Dharmendra Kumar Shukla,G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Notice on respondent no. 2 has been served. 2. Heard learned counsel for the appellant and learned AGA as well as perused the entire record. 3. The present second criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Manoj Gaur to set aside the order dated 29.08.2024 in Bail Application No.3959 of 2024 (Manoj Gaur Vs. State) and to release him on bail in Case Crime No.434 of 2024, under Sections 64, 351(2) BNS and Section 67 I.T. Act, Police Station- Ramgarh Tal, District- Gorakhpur and order dated 19.11.2024 in Bail Application No. 5441 of 2024 (Manoj Gaur Vs. State) in Case Crime No.434 of 2024, under Section 3(2)(5) SC/ST Act, Police Station- Ramgarh Tal, District- Gorakhpur. 4. According to the prosecution case on 19.07.2024, while victim was going her home at 7.30 p.m., appellant came and enticed her away and rape her and made vidoe of the incident. Next day, he intimidated her not tell anything about the incident otherwise he will viral the video. At that time, victim did not tell anything to anyone but after some time appellant viral her video and then she lodged the FIR. 5. Submission of learned counsel for the appellant is that the appellant is innocent and has been falsely implicated in this case. It is further submitted that medical examination of the victim has been conducted on 25.07.2024 at District Women Hospital, Gorakhpur and on that basis Medical Officer has also prepared supplementary report dated 14.08.2024 of the victim in which it has been categorically stated that sexual assault could not ruled out. He further submits that the video has not been viral from the mobile number of the appellant. The victim herself viral the video from her own mobile number to implicate the appellant in the criminal case. Appellant is languishing in jail since 25.07.2024. Further submission is 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 A.G.A. has opposed the prayer for bail and submitted that no woman will viral her obscene video herself. It is appellant's doing. Appellant has enticed away the victim and rape her. The bail application of the appellant should be rejected. 7. When confronted above, learned counsel for the appellant could not dispute the legal and factual submissions advanced by learned A.G.A. 8. 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. 9. 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 assigned to the present appellant and the nature of injury, the Court is of the opinion that the appellant has not made out a case for bail. 10. Accordingly, the bail application of the appellant is rejected. Order Date :- 12.8.2025 Aiman Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad