MULAYAM SINGH YADAV 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 'SC & ST Act ') against the order dated 11/09/2019 passed by Special Judge (SC and ST) Act , Shivpuri whereby application under Section 439 of Cr.P.C. for grant of bail has been rejected by the trial Court.

(2.) Appellant is in custody since 31/07/2019 in connection with Crime No.44/2019 registered at Police Station Goverdhan, District- Shivpuri for the offence punishable under Sections 376 , 450 and 506 of IPC and Section 3(1)(w)(I) , 3(2)(v) and Section 3(2) (v-a) of the SC & ST Act.

(3.) It is the submission of learned counsel for the appellant that false case has been registered against him and he is suffering confinement since 31/07/2019 whereas charge-sheet has already been filed. Narration of story indicates improbable events whereas prosecutrix aged 41 years did not raise alarm. Surprisingly, her son apparently Major one as well as her husband did not come to her rescue. He undertakes to cooperate in the investigation as well as trial and would make himself available as and when required. He would not move in the vicinity of the complainant/ prosecutrix and would not be a source of embarrassment and harassment to the complainant/ prosecutrix in any manner. He further undertakes to do some community service. Under these circumstances, he prayed for grant of bail.