SONU AHIRWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed this appeal under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act').

(2.) The facts in brief for deciding this appeal are that on 30.08.2017 complainant Harnam Singh lodged an oral FIR at Police Station Basoda Sahar district Vidisha alleging that in the night of 29.08.2017 his daughter- prosecutrix aged about 17 years has gone missing. He doubts that Sonu Ahirwar, the appellant herein, and co- accused namely Shahil and Ashif had kidnapped her from his keeping by giving her allurements. His FIR is registered at Crime No. 728/2017 against the appellant and the co-accused persons for an offence punishable under Section 363 of the IPC. On 30.8.2017 at about 1.00 am the prosecutrix appeared at the said police station. Thereupon, the police recorded her case diary statement and later her statement got recorded under Section 164 of the Cr.P.C. Thereafter, the police added offences against the appellant and the co-accused persons under Sections 366, 376 and 114 of the IPC, 3 r.w. 4 and 6 of the POCSO Act and 3(2)(v), (v-a) of the Act as the complainant belongs to the scheduled caste community.

(3.) The appellant filed the bail application under Section 439 Cr.P.C before the Special Judge (Atrocities) Vidisha. The learned Special Judge dismissed his bail application vide the impugned bail order dated 10.10.2017 holding that the appellant had committed offences of very serious nature. Hence, this appeal.