Neutral Citation No. - 2025:AHC:7160 Court No. - 82 Case :- CRIMINAL APPEAL No. - 8017 of 2024 Appellant :- Hasim Khan Respondent :- State of U.P. and Another Counsel for Appellant :- Pawankumar Dubey Counsel for Respondent :- G.A.,Ritesh Singh,Suresh Singh 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 - Hasim Khan with the prayer to set aside the bail rejection order dated 22.7.2024 passed by the Special Judge (SC/ST Act), Shahjahanpur and to release the appellant on bail in case crime no. 444 of 2024 under Sections 376, 384, 504, 506 IPC, Sections 3(2)(V) of SC/ST Act and 66 (E) I.T. Act, P.S. Sadar Bazar, District Shahjahanpur. 2. Heard learned counsel for the appellant, learned counsel for the opposite party no.2 as well as the learned AGA and perused the entire record. 3. The prosecution has come forward with the allegation that friendly relations were developed between the accused appellant and victim of this case on social media. They continued talking with each other on mobile and subsequently by playing fraud to the prosecutrix she was called by the appellant and thereafter to fulfill his lust the appellant committed rape with her after administering some intoxicant in the cold drink and videos and photographs were also prepared and subsequently he started blackmailing the victim and some money was also handed over to him by the lady victim. When the victim was married, the obscene photographs and videos were also sent to her husband and other in- laws. F.I.R. was lodged and investigation started. 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. It is further submitted that it is a case of consensual relation between the appellant and the major victim of this case. No obscene photographs and videos were made viral on social sites by the appellant and it was intact in the mobile phone of the appellant. The appellant has absolutely committed no offence. 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 6.7.2024. 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. 5. On the other hand, learned AGA and learned counsel for the opposite party no.2 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 have been made viral by the appellant. There is no possibility of false implication of the appellant at this stage. 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. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, no objectionable material was made viral on social media and also supposing that it is a case of consensual relation between the two major persons, 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. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. 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. 10. 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 :- 16.1.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad