ORDER

Heard on IA No. 2456/2024, an application under Section 301(2) of theCr.P.C. For the reasons stated in the application, the same is allowed and Shri Ravindra Singh - learned counsel for the complainant and his associates are permitted to assist the prosecution.

The appellant has filed this criminal appeal under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 27/01/2024 passed by Special Judge (SC STAct), Datia (M.P.) rejecting the application for anticipatory bail filed underSection 438 of Cr.P.C The appellant is apprehending his arrest relating to Crime No. 18/2024registered by PS Indergarh, District Datia (M.P.) for the offence punishable under Sections 376, 376(2)(e), 376(2)(h) of the IPC and Sections 3(1)(w)(ii) and 3(2)(v) of of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (hereinafter would be referred as to the `Act of 1989').

As per prosecution case, prosecutrix, aged around 20 years submitted a typed complaint on 14/01/2024 with SHO Police Station Indergarh, District Datia inter-alia stating that she is pregnant with 8 months. On 07/01/2024, around 10.00 in the night she was taken to Government Hospital Indergarh forcheckup due to stomach ache. Around 11.30 nurse Subhi and Rani took her to another room in Government Hospital, Indergarh. There was a man namedDeepak Baghel. Deepak Baghel proposed to check her. She refused to get herself checked by Deepak. Despite her refusal to check up by Deepak, Deepak put his hand inside her private part on pretext of check up. She got frigtenedand came outside the room. She narrated the incident to her husband. As she was not well, she could not report immediately. She had come alongwith her husband to report the matter. On such allegations, Police Station Indergarh, District Datia registered FIR at Crime No. 18/2024 for the offence punishable under Sections 376, 376(2)(e), 376(2)(h) of the IPC and Sections 3(1)(w)(ii) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989. Statement of prosecutrix, her husband and other familymembers were recorded under Section 161 of the Cr.P.C. Statement ofprosecutrix was recorded under Section 164 of the Cr.P.C. Investigation is underway.

Learned counsel for the appellants in addition to the grounds mentioned in the appeal submits that the appellant has falsely been implicated in this matter merely on suspicion. Learned counsel referring to the duty chart issued by the Block Medical Officer, Block Seondha, District Datia dated 23/12/2023 submits that appellant was working as Nursing Officer. He was on duty as staff Nurse at Community Health Centre, Indergarh on relevant date. The Block Medical Officer has specifically directed that Deepak Baghel, staff nurse, shall work at labour room. Learned counsel further referring to the certificate of registration and mark sheets of appellant submits that appellant is trained nurse and he was on duty. It was a part of his duty to check the patient with regard to dilation of cervix by Per Vaginum Examination (PVE). Further, learned counsel referring to the letter of Block Medical Officer, Block-Seondha dated 14/01/2024 and17/01/2024 submits that the male nursing staff i.e. Deepak Baghel was providing nursing services alongwith female nursing staff. The complainant was examined in presence of two female staff nurse. She did not raise any objection at the time of checkup. Learned counsel contends that appellant was discharging his public duty. No objection was raised at the time of check up orimmediately thereafter. The alleged FIR was lodged after delay of seven days. Jail incarceration on false allegations would bring social disrepute and hardship to the appellant. Appellant is working as staff Nurse in Government Hospital, Indergarh. There is no likelihood of his absconsion leaving his family, home andjob. There is no likelihood