MALKHAN SINGH TOMAR 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 11.07.2020 passed by Special Judge (Atrocities), District- Morena, whereby bail application under Section 439 of Cr.P.C. filed on behalf of appellant has been dismissed.

(2.) Appellant has been arrested on 29.06.2020 by Police Station Rithorakalan, District Morena, in connection with Crime No.82/2020, in relation to the offences punishable under Section 376 of IPC and Section 3(1)(w)(ii) , 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 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 29.06.2020 whereas charge-sheet has already been filed. It is further submitted that due to financial/money dispute, this false case has been registered against the applicant. Story of prosecution indicates an improbable events. 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 Central Welfare Fund and install Arogya Setu App. Under these grounds, prayer for bail has been made.