RAJESH KUSHWAHA Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed this appeal under Section 14 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 being aggrieved by order dated 20.09.2019 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , Gwalior; whereby, bail application under Section 439 of Cr.P.C. of appellant has been rejected.

(2.) Appellant is in confinement since 30.05.2019, in connection with Crime No.94/2019, registered at Police Station Thatipur, District Gwalior, for offences punishable under Sections 363 , 366 , 376 of IPC, Sections

(3.) (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act . 3. It is the submission of learned counsel for the appellant that false case has been registered against him. He is confinement since 30.05.2019 on false pretext. Story of prosecution indicates improbable events. Prosecutrix lived with the appellant for one and half months and her statement under Section 164 of Cr.P.C. indicates consentual nature of relationship. One document i.e. marksheet of prosecutrix indicates that she is over and above 16 years. According to the learned counsel, prosecutrix is 18 years of age and she is deliberately trying to create document to make her minor for implication. Prosecutrix was recovered from campus of 15 Battalion Special Armed Forces, Indore. Therefore, prosecutrix could have raised alarm any times when she was in the premises, but she did not do so. Confinement amounts to pretrial detention. He undertakes to cooperate in the investigation/trial and make himself available as and when required by the trial court. He would not be a source of embarrassment and harassment to the complainant party in any manner. He would not move in the vicinity of complainant party. On these grounds, he prayed for grant of bail to the appellant.