USMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14(2)(a) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in judicial custody in connection with F.I.R. No.256/2020, Police Station Piplu, District Tonk, registered for the offences under Ss. 376, 376(2)(n) and 506 of the Indian Penal Code and Sec. 3(1)(S), 3(l)(w)(i), 3(l)(w)(ii) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act against the order dtd. 24/5/2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Tonk, whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Heard learned counsel appearing on behalf of the appellant as well as learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the appellant stated that prosecutrix is a major lady and as per prosecution and statement of prosecutrix recorded under Sec. 164 Cr.P.C, rape has been committed on the day of festival 'Holi' in the month of March and FIR has been filed in the month of August, on 3/8/2020; as per prosecutrix 'B', the appellant has assured her for marriage; On reluctance and in order to build pressure on the appellant, FIR has falsely been filed by the complainant. He further stated that admittedly after the said incident which took place in March, 2020, no intercourse has been taken place; charge-sheet has already been filed; appellant is behind the bars from last ten months; and trial will take time. With these submissions, learned counsel for the appellant prayed that the benefit of bail may be granted to the appellant by allowing the present appeal.