SHAMBHU DAYAL SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed this criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 15.10.2019, passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Morena; whereby, bail application under Section 438 of Cr.P.C. of appellants has been rejected.

(2.) Appellant is apprehending his arrest for the offence registered as Crime No.485/2019, at Police Station Kailaras, District Morena, punishable under Sections 363, 376(2)(N), 342, 506 and 34 of IPC and Sections 3(1)(w)(ii) and (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Act (Amendment 2015).

(3.) According to pleadings and submissions of maternal uncle of appellant are that false case has been registered against appellant. It is submitted that statement of prosecutrix nowhere indicates that appellant Shambhudayal Sharma performed rape over her whereas it was co-accused Jitendra who committed rape and he was in relationship with the prosecutrix. When relationship between co-accused-Jitendra and prosecutrix turn soured, then the result is registration of office on false pretext. No ingredients of offence under Section 376 of IPC is attributed over the present appellant. Confinement would bring his social disrepute and personal inconvenience. He undertakes to cooperate in the investigation/trial and make himself available as and when required by the trial Court. Appellant also undertakes that he would not be a source of embarrassment and harassment to the complainant party in any manner and he would not move in the vicinity of complainant party. Appellant intends to perform some community service to purge himself out of the guilt felt by the appellant. On these grounds, he prayed for grant of bail to the appellant.