SIYAJOO DUBEY Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed this criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 being aggrieved by order dated 05.03.2020, passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , Datia whereby, bail application under Section 439 of Cr.P.C. of appellant has been rejected.

(2.) Appellant is in confinement since 19.02.2020, in connection with Crime No.437/2017, registered at Police Station Kotwali, District Datia, for offences punishable under Sections 363 , 366 , 368 , 376(2) (N) of IPC and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Sections 5,6,18 of POCSO Act.

(3.) It is the submission of learned counsel for the appellant that false case has been registered against her and she is in confinement since 19.02.2020. She is lady aged 65 years. It is further submitted that only allegation against the appellant apparently is of offence under Section 368 of IPC and prosecutrix and son of present appellant entered into wedlock 1 year back on 21.03.2019 and blessed with girl child on 05.09.2019. Later on during the delivery of child, prosecutrix succumbed and passed away. Now the girl child is being nurtured and reared by the appellant and the said child is living with her grandmother (present appellant) in jail. Confinement amounts to pretrial detention. She undertakes to cooperate in the investigation/trial and make herself available as and when required by the trial Court. She would not be a source of embarrassment and harassment to the complainant party in any manner. On these grounds, he prayed for grant of bail to the appellant.