AMIT MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed under Section 14-A (1) of SC/ST (Prevention of Atrocities) Act 1989 against the order dated 30/1/2020 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, in Bail Application; whereby learned Special Judge rejected the bail application filed by the appellant Amit Mishra under Section 439 of Cr.P.C. to get bail in Crime No.686/2019 registered at P.S. Waidhan, District Singrauli (M.P.) f o r the offences punishable under Sections 363 , 366 , 366-A , 376 of the IPC and Section 3, 4, 5, 6 of POCSO Act and Section 3(2)(5) of SC/ST Act (Prevention of Atrocities) Act.

(2.) A s per the prosecution case, on 15/9/2019, appellant abducted the prosecutrix, who was minor, on the pretext of marriage and took her to Katni, where he kept her for two days and sexually exploited her. On that report, police registered Crime No.686/2019 for the offences punishable under Section 363 , 366 , 366-A , 376 of the IPC and Section 3, 4, 5, 6 of POCSO Act and Section 3(2)(5) of SC/ST Act (Prevention of Atrocities) Act. During investigation on 20/9/2019 police arrested the appellant. On that appellant filed an application under Section 439 of Cr.P.C. for releasing him on bail, which was rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act vide order dated 30/1/2020. Being aggrieved by the impugned order, appellant filed this Criminal Appeal.

(3.) Learned counsel for the appellant submits that appellant has not committed any offence and has falsely been implicated in the offence. It is further submitted that the statements of the prosecutrix and her parents have been recorded by the trial Court. They turned hostile and did not support the prosecution story. Charge-sheet has been filed. The appellant is in custody since 20/9/2019 and the conclusion of trial will take time, hence prayed for release of the appellant on bail.