HALKE @ GAJRAJ Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant has filed this criminal appeal under Section 14-A (2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act , 1989 against the order dated 31.01.2019 passed by Special Judge (Atrocities), District- Vidisha, whereby bail application under Section 439 of Cr.P.C. filed on behalf of appellant has been dismissed.

(2.) Appellant has been arrested on 15.10.2018 by Police Station Sironj, District Vidisha, in connection with Crime No.368/2018, in relation to the offences punishable under Sections 376(d) , 354-B , 323 , 294 , 506 / 34 of IPC and Section 3(1)(w)(i) , 3(2)(v) , 3(1)(w)(ii) , 3(2)(v)(a) , 3(1)(r)(s) , of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 3/4 of POCSO Act.

(3.) It is the submission of learned counsel for the appellant that false case has been registered against him and he is suffering confinement since 15.10.2018. Material prosecution witnesses including prosecutrix and her husband have been examined before the trial court, therefore, chance of tampering with the evidence/witnesses is remote. It is further submitted that looking to the long period of custody and the fact that material prosecution witnesses have been examined, appellant may be released on bail. Counsel fairly informed this court that co-accused Amarsingh has been enlarged on bail whereas another co-accused Kamar Ali is absconding and has not submitted before the course of justice. Confinement amounts to pretrial detention. He undertakes to cooperate in investigation/trial and would not be a source of embarrassment or harassment to the complainant party in any manner. He would not move in the vicinity of complainant party. He further undertakes perform community service and to serve the national cause by making contribution in Army Welfare Fund and install Arogya Setu App. Under these grounds, prayer for bail has been made.