VAKIL Vs. STATE OF MADHYA PRADESH

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 04.02.2020 passed by Special Judge (Atrocities), District- Morena, whereby bail application under Section 439 of Cr.P.C. filed on behalf of the appellant has been dismissed by the trial Court.

(2.) The appellant has been arrested on 14.11.2019 by Police Station Baagchini, District Morena (MP), in connection with Crime No.247/2019 registered in relation to the offences punishable Sections 376 , 323 of IPC and Sections 3(2) (5-A) of the SC/ ST Act .

(3.) It is the submission of the learned counsel for the appellant that a false case has been registered against him and he is suffering confinement since 14.11.2019, whereas charge sheet has already been filed. The prosecution story indicates an improbable event and dispute between the appellant and the husband of prosecutrix resulted into registration of offence. Appellant does not bear any criminal record. Confinement since 14.11.2019 amounts to pre-trial 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 and he would not move in the vicinity of the complainant party. He also undertakes to do some community service to purge his misdeeds if any. On all these grounds, he prayed for bail.