Neutral Citation No. - 2025:AHC:35494 Court No. - 82 Case :- CRIMINAL APPEAL No. - 9841 of 2024 Appellant :- Amit Sharma Respondent :- State of U.P. and Another Counsel for Appellant :- Sarvajeet Singh Counsel for Respondent :- Avanish Tripathi,G.A. 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 - Amit Sharma with the prayer to set aside the bail rejection order dated 2.8.2024 passed by the Additional Sessions Judge / Special Judge (SC/ST Act), Budaun and to release the appellant on bail in case crime no. 412 of 2024 under Sections 376(2)(n), 385, 504, 506 IPC, Sections 3(2)(V), 3(2)(Va), 3(1)(Da),(Dha) of SC/ST Act and 67A I.T. Act, P.S. Civil Lines, District Budaun. 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. Despite service of notice, none is present for the opposite party no.2 even in the revised call. 3. The prosecution has come forward with the allegation that friendly relations were developed between the accused appellant and victim of this case. Though the appellant was already married, but on the false pretext of marriage, he developed physical relations with the major victim. He also procured some obscene videos and photographs of the prosecutrix and subsequently he started blackmailing the victim and some money was also demanded by him and when the victim refused to give the money, the obscene photographs and videos were made viral on social sites. F.I.R. was lodged and investigation started which culminated into charge sheet. 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. 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 31.7.2024. 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 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 of the prosecutrix, which were prepared by the appellant, have been made viral by the appellant. It is a clear case of rape, as the physical relations were developed with the victim of this case by the appellant on the false pretext of marriage but after satisfying his lust, the appellant refused to marry with her. As a matter of fact the appellant himself was a family person and already married but this fact was deliberately concealed by him. The prosecutrix has supported the prosecution case in her statements recorded under Sections 180 and 183 of BNSS. There is no possibility of false implication of the appellant. 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 Court concerned has properly considered the case of the appellant while deciding the bail applications. Hence, having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, and the fact that the physical relations were developed with the married victim of this case, who was not living with her husband, by the appellant on the false pretext of marriage whereas he was already married person and after satisfying his lust, the appellant refused to marry with her, the obscene photographs and videos of the victim were made viral on social sites by the present appellant, 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. 8. Accordingly, the impugned order rejecting the bail application of the appellant is affirmed and the appeal is dismissed. Order Date :- 11.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad