ORDER :

1. The present appeal is arising out of order dated 10-9-2021 passed by the Special Judge (Atrocities), Surguja, Ambikapur, in BA No.810/2021 (Spl. ST No.6/2001).

2. The appellant has preferred this appeal under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act, 1989') for grant of bail under Section 439 of the Cr.P.C. as he has been arrested in connection with Crime No.39/2000, registered at Police Station Aadim Jati Kalyan, Ambikapur, Sarguja, CG, for offence punishable under Section 376 of the Indian Penal Code and under Section 3(2)(v) & 3(1)(xii) of the Act, 1989.

3. As per the prosecution case on 15-6-2000 the appellant entered into the house of the prosecutrix; committed forcible sexual intercourse; and thereafter fled away.

4. Learned counsel for the appellant would submit that the appellant has been falsely implicated in the case. The medical report would show that the prosecutrix was habituated to sexual intercourse. According to him, though it has been alleged that there is forcible rape, but no injury was found on the body of the prosecutrix. Hence, the appellant may be enlarged on bail.

5. Learne