MUKESH SINGH MAAR Vs. STATE

JUDGEMENT

(1.) This appeal by the accused/appellant under Sec. 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dtd. 14/9/2020 passed by the Special Judge, (SC/ST Act), Balrampur place Ramanujganj, District BalrampurRamanujganj (C.G.) in Special Sessions (SC/ST Act) Case No. 20/2019, refusing to allow his regular bail under Sec. 439 Cr.P.C. The appellant is in jail since 4/5/2019 in connection with Crime No. 79/2019 for the offence punishable under Ss. 366 & 376 (2) (n) of IPC and Sec. 3(2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station- Ramanujganj, District BalrampurRamanujganj (C.G.).

(2.) Allegation against the appellant is that on the pretext of marriage, he abducted the prosecutrix and committed forcible sexual intercourse with her. It is alleged that thereafter the appellant has continuously made physical relations with the prosecutrix.

(3.) Learned counsel for the appellant submits that the appellant is an innocent person and has been falsely implicated in this case. He submits that the prosecutrix and the appellant were having affair, she had willingly gone with the appellant and he is ready to marry her. He also submits that the appellant is in jail since 4/5/2019 and conclusion of the trial is likely to take some time. Therefore, the appellant be released on bail.