LAWS(MPH)-2019-12-65

PRADEEP SHARMA Vs. STATE OF MADHYA PRADESH

Decided On December 04, 2019
PRADEEP SHARMA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This criminal appeal has been filed under Section 14-A (1) of SC/ST (Prevention of Atrocities) Act 1989 against the order dated 7/11/2019 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Waidhan, District- Singrauli (M. P. ) in Bail Application/SCATR No. 57/2019; whereby learned Special Judge rejected the bail application filed by the appellant Pradeep Sharma under Section 439 of Cr. P. C. to get bail in Crime No. 690/2019 registered at P. S. Waidhan, District Singrauli (M. P. ) f o r the offences punishable under Sections 376(2)(N) , 450 of the IPC and Section 3(2) (5-A) of SC/ST Act (Prevention of Atrocities) Act.

(2.) A s per the prosecution case, appellant sexually exploited the prosecutrix, on the pretext of marriage and thereafter he denied to marry her. O n t h a t report, police registered Crime No. 690/2019 for the offences punishable under Sections 376(2)(N) , 450 of the IPC and Section 3(2)(v) of SC/ST Act (Prevention of Atrocities) Act . During investigation on 1/10/2019 police arrested the appellant. On that appellant filed an application under Section 439 of Cr. P. C. for releasing him on bail, which was rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act vide order dated 7/11/2019. Being aggrieved by the impugned order, appellant filed this Criminal Appeal.

(3.) Learned counsel for the appellant submits that appellant has not committed any offence and has falsely been implicated in the offence. It is further submitted that the prosecutrix was major and married women. Charge- sheet has been filed. The appellant is in custody since 1/10/2019 and the conclusion of trial will take time, hence prayed for release of the appellant on bail.