GOPAL JATAV Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed this appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 25.01.2020 passed by trial Court; whereby, application of appellant preferred under Section 439 of Cr.P.C. has been rejected.

(2.) Appellant has been arrested on 11/11/2019 by Police Station Dabra, District Gwalior in connection with Crime No.590/2019 registered in relation to the offences punishable under Sections 376- D, 376D-A of IPC and Section 5/6 of POCSO Act and Section 3 (2) (v), 3(1)(w) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) It is the submission of learned counsel for the applicant that false case has been registered against applicant and he is suffering incarceration since 11.11.2020. He referred the court statement of prosecutrix (PW-1) and other material witnesses including the family members of prosecutrix to bring home the fact that they all did not support the prosecution story and declared hostile. Confinement amounts to pretrial detention. He undertakes to cooperate in trial/investigation and to appear before the trial court as and when required. He further undertakes that he would not be a source of harassment and embarrassment to the complainant party in any manner. He would not commit offence of same nature in future. He would not move in the vicinity of complainant party and would not try to contact with the complainant party in any manner. He intends to do some community service to purge his misdeeds by way of plantation. Under these circumstances, he prayed for bail. Learned P.P. for the State opposed the prayer and prayed for dismissal of this application.