JUDGMENT

Rajeev Kumar Shrivastava, J. - Present second criminal appeal filed u/S.14(a)(2) of Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989, assails the order dated 13/12/2021 passed by the Special Judge (atrocities), Shivpuri (M.P.); whereby, the application preferred by appellant herein u/S.439 of Cr.P.C. has been rejected.

Appellant has been arrested on 30/09/2021 in connection with offences punishable u/S. 376 of the IPC and Section 3(1)(w)(ii), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989, registered as Crime No.128/2021 by Police Station Tendua, District Shivpuri (M.P.).

Learned counsel for the appellant- anil Dhakad has submitted that the appellant has not committed any offence. He has falsely been implicated in this case. appellant is in custody since 30/09/2021, i.e. for more than four months. This is second appeal for grant of bail to the appellant. Earlier one was dismissed as withdrawn. Thereafter, now the statements of prosecutrix as well as her father has been recorded before the trial Court and they have not supported the prosecution case. The prosecutrix is major and she is residing in her parenta