DEEPAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first appeal filed by the appellant under Sec. 14-A(2) of the Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act against the order dtd. 20/7/2023 passed by the learned Special Judge, Rajgarh in Special Case No./Bail Application No.230/2023.

(2.) The appellant is in custody since 5/5/2023 in connection with Crime No.92/2023 registered at Poliice Station ' Karanwas, District 'Rajgarh for the offences punishable under Ss. 147, 149, 456, 354, 294, 323, 506 427, 376(D), 195(A), 450 of the Indian Penal Code and Ss. 3(1)(r), 3(2) (V), 3(2) (V-a), 3(I) (W) (I), 3(I) (W) (ii), 3(1) (s) of Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act.

(3.) Learned counsel for appellant submits that the appellant is innocent and has been falsely implicated in the present case. Allegation of rape is against the present appellant and other accused persons Nagendra, Arvind, Meharban and Banwari. Out of these, two co-accused persons namely Meharban Singh and Arvind Gurjar have been granted bail by co-ordinate Bench of this Court and co-accused Banwari has also been granted bail vide order dtd. 6/5/5024 by this Court in Cr.A. No. 5127/2024. The present appellant is having complete parity with them. So far as the allegation of assault is concerned, the appellant undergone more than one year jail sentence. There is previous enmity between the family of the prosecutrix and accused persons. Series of FIRs' were registered against each other.