BHOORA Vs. STATE OF M.P.

JUDGEMENT

(1.) The present appeal has been filed under Section 14(a)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Act') against the order dated 01/08/2019 passed by Special Judge (SC and ST) Act, Gwalior whereby application under Section 439 of Cr.P.C. for grant of bail has been rejected by the trial Court.

(2.) Appellant has been arrested in connection with Crime No.19/2019 registered at Police Station Hastinapur, District-Gwalior for the offence punishable under Sections 376, 506 of IPC and Section 3(2)(5), 3(1)(w)(i) of SC and ST Act. He is in confinement since 27/04/2019.

(3.) It is the submission of learned counsel for the appellant that a false case has been registered against him. The said fact is clear from perusal of the statements of the prosecutrix and other witnesses who did not support the story of the prosecution and declared hostile. Confinement since 27/04/2019 amounts to pre trial detention. He undertakes to cooperate in the trial and would not be a source of embarrassment and harassment to the complainant party in any manner. He further undertakes to do some community service also.