MULLU @ BHUPENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed this criminal appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 being aggrieved by order dated 04.07.2020, passed by Second Additional Sessions Judge, Ashok Nagar, whereby, bail application of appellant has been rejected.

(2.) Appellant is in confinement since 30.06.2020 in connection with Crime No.54/2020 registered at Police Station Saharai, District Ashok Nagar, for offences punishable under Section 376 of IPC, 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 the appellant and he is suffering confinement since 30.06.2020. Charge sheet has already been filed. It is further submitted that it was a matter of consent and consensual nature of relationship has tried to be used as source of implication because uncle of present appellant was murdered by one Nathan Singh and father of presecutrix is serves under Nathan Singh, therefore, at the instance of him, this case has been filed. No injury has been sustained by the prosecutrix over her person which further testifies the fact about his innocence. Confinement amounts to pretrial detention. He undertakes to cooperate in trial and would not be a source of embarrassment/harassment to the complainant party in any manner. Being student aged 20 years, his case be considered accordingly. He undertakes to perform community service to purge his misdeeds, if any, and to serve national cause. On such premises, he prayed for bail.