RAJA Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant has preferred this appeal under Section 14-A(2) of the SC/ST (PA) Act, 1989, feeling aggrieved with the order dated 4.09.2019 rendered by Special Judge (SC/ST), W.N. Mandleshwar, District Khargone in B.A. No.192/2019, whereby the prayer for regular bail has been declined.

(2.) Appellant has been arrested on 9.12.2017 in connection with crime No.218/2017, registered at Police-Station AJK, Khargone/Balwada in connection with the offence punishable under Section 376, 376(2)(i)(n) of IPC, sec. 3/4& 5L/6 of POCSO Act and sec.3(2)(v), 3(2)(5a) and 3(1)(b)(1) of The Scheduled Castes And The Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) Learned counsel for the appellant has submitted that appellant is innocent and he has falsely been implicated in the present crime. He is brother-in-law of the prosecutrix and prosecutrix has not made any allegation against the appellant regarding commission of rape in her statement recorded u/s 164 Cr.P.C. In the said statement she has denied all the allegations which have been made in the FIR and her statement recorded u/s 161 Cr.P.C. against the appellant. Appellant is in custody since 9.12.2017. Investigation is over, chargesheet has been filed and conclusion of trial will take time. In such circumstances, counsel prayed for grant of regular bail of appellant.