DASHRATH LODHI Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed this appeal under Section 14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 05.09.2019 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Shivpuri; whereby, bail application under Section 439 of Cr.P.C. of appellant has been rejected.

(2.) Appellant is in confinement since 29.08.2019, in connection with Crime No. 343/2019, registered at Police Station Karera, District Shivpuri, for offences punishable under Sections 354, 452 of IPC and Section 3(1)(b)(1) and Section 3(2)(5-A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 7/8 of the POCSO Act.

(3.) It is the submission of learned counsel for the appellant that false case has been registered against him on the basis of political rivalry shared by appellant with one Raju Chauhan. Appellant also contested the election of Sarpanch and in which he lost and therefore, at the instance of Raju Chauhan the present case has been registered because of appellant may not contest the election for Sarpanch again. Charge-sheet has already been filed. Confinement since 29.08.2019 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. Appellant would not move in the vicinity of complainant party. Under these grounds, he prayed for grant of bail to the appellant.