ORDER

The appellant has filed this second criminal appeal under Section 14-A

(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 17.12.2024 passed by Special Judge [Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act] Dewas (M.P.), whereby the bail application under Section 439 of Cr.P.C. of appellant has been rejected. The first criminal appeal was dismissed vide order dated 21.10.2024 passed in criminal appeal No. 10415 of 2024.

Thereafter evidence of prosecutrix was recorded.

The appellant has been arrested on 18.5.2024 in connection with

Crime No.209/2024 registered at Police Station Barotha, District Dewas (M.P.) for offences punishable under Sections 376, 376(2)(n),376(D) & 506 of IPC and Sections 3(1)(w)(ii), 3(2)(v) & 3(2)(va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

NEUTRAL CITATION NO. 2025:MPHC-IND:869 Signed by: BHUNESHWAR

As per the case of prosecution, prosecutrix aged around 40 years submitted a typed complaint to the SHO, P.S. Barotha Distt. Dewas, on CRA-14183-2024 09.05.2024, inter-alia stating that Vinod alias Nanu called her to his Dhaba on the pretext of providing job of roti maker. On 19.04.2024, Vinod alias Nanu took her to the jungle behind his Dhaba and committed rape on her. Vinod also called one of his friend and asked her to have sexual relations with his friend, but she refused the proposal and returned to Dewas. On 28.04.2024, accused Vinod alias Nanu again called her to his Dhaba and committed rape on her and promised to marry her. Later, when she called Vinod, he threatened her of dire consequence. On such allegations, P.S. Barotha, Distt. Dewas registered FIR bearing Crime No. 209/2024 for offences punishable u/Ss376, 376(2)(n),376(D) & 506 of IPC and Sections

3(1)(w)(ii), 3(2)(v) & 3(2)(va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act against Vinod alias Nana and his associate. Prosecutrix was forwarded for medico legal examination. Statements of prosecutrix were recorded u/S 161 and 164 Cr.P.C. Appellant Vinod alias Nana was arrested on 18.05.2024. Vinod informed that his friend Mahendra Suman alias Kalu Painter was his associate. He had asked the prosecutrix to have sexual relation with Kalu. On such information, Mahendra Suman alias Kalu Painter was arrested on 30.06.2024. Relevant seizures have been made.

On completion of investigation, Final Report was submitted .

Learned Counsel for the appellant, in addition to the grounds mentioned in this appeal, submits that appellant is falsely implicated in this matter. It was a dispute over non payment of wages. Learned counsel NEUTRAL CITATION NO. 2025:MPHC-IND:869 Signed by: BHUNESHWAR referring to the evidence of prosecutrix (PW-1) submits that prosecutrix did not support the prosecution and exonerated the appellant of alleged offence. The DNA report also does not implicate the appellant. Learned counsel further submits that appellant is aged 32 years. He is a Dhaba owner and sole bread earner of his family. There is no likelihood of his absconsion leaving behind his family, home and job. Jail incarceration is causing hardship to the family of the appellant. There is no likelihood of tampering with the remaining evidence. Trial would take time to conclude. Learned trial Court has committed an error in rejecting the bail application of the appellant under Section 439 of Cr.P.C. Therefore, the appellant may be extended the benefit CRA-14183-2024 of bail.

Per contra, learned Counsel for the State opposes the appeal on the ground of gravity of offence and cites criminal history of five cases against the appellant, four of them related to offence punishable under MP Excise Act and one relates to offence punishable under NDPS Act against the appellant.

In reply, learned counsel for the appellant submits that all other matters relate to minor offe