PREMNARAYAN SAHU 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 24.07.2019, passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Shivpuri; whereby, bail application under Section 439 of Cr.P.C. of appellant has been rejected.

(2.) The appellant has filed this first appeal under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 24.07.2019, in connection with Crime No.169/2019, registered at Police Station Mayapur, District Shivpuri, for the offence punishable under Sections 376, 450, 506 of IPC and Section

(3.) (2)(w-ii), 3(2)(V) of the SC/ST Act. 3. It is the submission of counsel for the appellant that a false case has been registered against him because of the institution of complaint at the instance of appellant on 30.06.2019 against the complainant party for alleged offence under Sections 294, 323, 324, 506, 34 of IPC vide Crime No.163/2019 at police station Mayapur, District Shivpuri. Medical examination reveals the simple injuries received by the present appellant and his family. As a counter blast this case has been registered after delay of four days on 04.07.2019. Confinement since 24.07.2019 amounts to pretrial detention. 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. 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.