KARTAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant has filed this second criminal appeal under Section 14-A(2) of the SC and ST (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act") against the order dated 17.07.2019 passed by Special Judge (SC/ST Act), District- Ashok Nagar whereby bail application filed on behalf of appellant has been dismissed by the trial Court. First criminal appeal filed on behalf of appellant was dismissed as withdrawn by this Court vide order dated 06.08.2019 in criminal appeal No. 6509/2019.

(2.) Appellant has been arrested on 17.07.2019 by Police Station Kachnar District Ashok Nagar in connection with Crime No. 146/2019 registered in relation to the offence punishable under sections 376, 450 of IPC and Section 3(2)(v), 3(1)(c)(2) of SC/ST (Prevention of Atrocities) Act.

(3.) It is the submission of the counsel for the appellant that a false case has been registered against the appellant and, he is suffering confinement since 17.07.2019, whereas, charge-sheet has been filed. The contents of FIR indicates an improbable event because in presence of four children of prosecutrix, it is highly improbable that appellant could have committed any act of offence of 376 of IPC. He undertakes to cooperate in the trial as well as in the investigation and would make himself available as and when required and would not be a source of embarrassment or harassment to the complainant party in any manner and would not move in the vicinity of complainant and her family. Learned counsel further submits that the appellant intends to perform some community service. Therefore, prayed for bail.