PRASHANT NAMDEV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this appeal under Sec. 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dtd. 22/01/2022 passed by trial Court; whereby, application of appellant preferred under Sec. 439 of Cr.P.C. has been rejected.

(2.) Appellant has been arrested on 15/01/2021 by Police Station Kolaras, District Shivpuri in connection with Crime No.557/2021 registered in relation to the offences punishable under Ss. 376-D, 376(2)(n) and 506 of IPC a n d Sec. 3(w)(ii), 3(2)(5), 3(2)(5-a) and 3(1)(w)(I) of SC/ST Act and Sec.66(E) of IT Act.

(3.) As per the prosecution case, on 19/12/2021 prosecutrix aged about 19 years has lodged a report at Police Station Kolaras, District Shivpuri against the present appellant and co-accused-Prashant Namdev alleging that about 01 years ago from the date of incident she used to talk with co-accused Prashant Namdev, who was her neighbour. One day, co-accused Prashant Namdev called her for meeting and committed sexual intercourse with her and prepared a video. Thereafter, co-accused-Prashant Namdev blackmailed the prosecutrix stating that he has her video and she will have to meet him whenever he calls her. On 17/12/2021, present appellant called her in his house, where co-accused Prashant Namdev was already there. Thereafter, both of them committed sexual intercourse with her. Thereafter, she narrated the entire story to her family members. On her report, an FIR has been registered against the present appellant and co-accused Prashant Namdev for offences punishable under Ss. 376-D, 376(2)(n) and 506 of IPC and Sec. 3(w)(ii), 3(2)(5), 3(2)(5-a) and 3(1)(w)(I) of SC/ST Act and Sec.66(E) of IT Act. Prosecutrix was sent for medical examination. Appellant was arrested on 15/1/2022. 3. It is submitted by the learned Counsel for the appellant that the appellant has been falsely implicated and he is in custody since 15/01/2021. It is submitted that charge sheet is yet to be filed in the matter very soon. Conclusion of trial will take some time. Hence, he prayed for grant of bail.