MADHU JAISWAL 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 03.10.2019, passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Gwalior; whereby, bail application under Section 438 of Cr.P.C. of appellants has been rejected.

(2.) Appellant is apprehending her arrest for the offence registered as Crime No.546/2019, at Police Station Janakganj, District Gwalior, punishable under Sections 376, 323, 506/34 of IPC and Sections 3(1)(d), 3(2)(v), 3(1)(dh) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Act.

(3.) It is the submission of counsel for the appellant that story as reflected in the FIR indicates improbable nature of allegation. Alleged date of incident is three months back whereas no explanation advanced for delayed FIR. No ingredients of offence under Section 376 of IPC is attributed over the present appellant. Appellant is a house wife aged 35 years. Confinement would bring her social disrepute and personal inconvenience. Even otherwise chance of tampering with the evidence is remote. She undertakes to cooperate in the investigation/trial and make herself available as and when required by the trial Court. Appellant also undertakes that she would not be a source of embarrassment and harassment to the complainant party in any manner. Appellant intends to perform some community service to purge herself out of the guilt felt by the appellant. On these grounds, he prayed for grant of bail to the appellant.