RAKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this first criminal appeal under Sec. 14-A (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 against the order dtd. 2/11/2022 passed by the Special Judge (Atrocities), Datia (Madhya Pradesh) whereby bail application under Sec. 439 of Cr.P.C. filed on behalf of appellant has been dismissed by the trial Court.

(2.) Appellant has been arrested on 16/5/2020 by Police Station Kotwali, District Datia in connection with Crime No.232/2020 registered in relation to offence punishable under Ss. 302, 376 (D) of IPC and Sec. 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) It is the submission of learned counsel for appellant that false case has been registered against the appellant and he is facing confinement since 16/5/2020 and material prosecution witnesses including the alleged eye witness (Gangaram alias Gangu Kushwaha PW-12) have been examined, therefore, chance of tampering with evidence/witness is remote. Recently, DNA report has been received and it appears that DNA does not indicate commission of any such incident as alleged prima facie. Looking to the period of custody and the fact that co-accused has been enlarged on bail vide order dtd. 23/11/2022 in Cr.A.No.10638/2022, his case be considered for bail. Even otherwise, appellant learnt the lesson hard way and now would mend his ways to become a better citizen. He undertakes to cooperate in trial and not to be a source of harassment or embarrassment to the complainant party in any manner and that he will not move in their vicinity. On these grounds prayer for bail is made out.