MEGHA Vs. STATE OF M.P. AND ANOTHER

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 04.01.2020 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 26.12.2019 by Police Station Rithorakalan, District Morena, in connection with Crime No.56/2019, in relation to the offences punishable under Sections 376(d) of IPC and Section 3(1)(w)(2) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(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 26.12.2019 and material prosecution witnesses including the prosecutrix and her mother have been examined by the trial court. Although thereafter, second bail application of appellant got dismissed because of criminal antecedents. It is further submitted that chance of tampering with the evidence/witnesses is remote because material prosecution witnesses have been examined. appellant learnt the lesson hard way and would mend his ways and become a better citizen. appellant is aged about 70 years and spend rest of his life in peace and harmony. He undertakes to cooperate in investigation/trial and would not be a source of embarrassment or harassment to the complainant party in any manner. But now looking to the prevailing condition of COVID-19 pandemic and long period of confinement as well as fact that early conclusion of trial is remote possibility, he may be enlarged on bail. He further undertakes to perform community service and 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.