JUDGMENT :

1. Heard learned counsel for the appellant, learned counsel for the respondent no.2 and learned AGA for the State and perused the record.

2. This criminal appeal has been filed by appellant Harshvardhan Yadav against the impugned order dated 25.02.2021 of learned Special Judge, SC/ST Act, Kanpur Nagar, passed in Bail Application No. 729 of 2021 (Harshvardhan Yadav vs State of UP), arising out of Case Crime No. 136 of 2020, under Section 376 IPC and Section 3(2)5 of SC/ST Act, P.S. Collectorganj, District-Kanpur Nagar by which bail application of appellant has been rejected.

3. Aggrieved by the impugned bail rejection order, the appeal has been filed under section 14 of the SC/ST Act. Impugned order has been challenged on the ground that the appellant is in jail since 26.11.2020 and there is no criminal history of the appellant. He has academic career and he was preparing for competition. On the basis of absolutely false allegation, the FIR has been lodged against him. No sign of rape has been found in the medical examination of the victim. During the investigation, the manager and waiter of the hotel gave statements to the Investigating Officer under Section 161 Cr.P.C. a