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Judgment
B. K. Shrivastava, J
Heard on appeal filed under Section 14 (A) of SC/ST (Prevention of Atrocities) Act filed on 18.01.2021 on behalf of Ashok Yadav who was arrested
on 15.12.2020 in connection with the Crime No.25/2008 Police Station, AJK, Chhindwara for the offences punishable under Sections 376, 506 of IPC
& 3 (1)(12) of SC/ST (Prevention of Atrocities) Act.
It appears from the record that the Special Case No. 240/2020 is pending before the Special Judge, SC/ST Act, Chhindwara in which the trial Court
dismissed the application for bail on 04.01.2021. This appeal has been preferred against the aforesaid order.
It is submitted by the appellant's counsel that in the trial prosecutrix and two other witnesses have been examined. The copies of the statements have
been filed. Therefore, the appellant should be enlarged on bail.
On the other side, the State strongly opposed the application.
It appears from the record that the appellant was in physical contact of the prosecutrix, they lived as husband and wife. The appellant give the false
insurance of marriage while the applicant himself was a married man. The prosecutrix became pregnant and delivered a child then the accused fled
away. The case was registered in the year 2008. The appellant was absconded for a long period. On 15.12.2020 he was arrested. There is no any
reason assigned for the absence during the period of 2008 to 2020.
Therefore, the appellant is not entitled to get the bail. Hence, appeal is dismissed. The trial Court is requested to expedite the disposal of the case.
