IMAM BAX Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14A (2) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.100/2021, Police Station Chhattargarh, Distt. Bikaner for the offences under Ss. 376, 306, 506 IPC and Sec. 3(2)(v), 3(2)(va) of SC/ST Act, against the order dtd. 19/8/2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) and Additional Sessions Judge, Bikaner in Criminal Misc. Bail Application (CIS) No.1515/2021 whereby, the bail application preferred on behalf of the appellant under Sec. 439 Cr.P.C. was rejected.

(2.) Learned counsel for the appellant submits that appellant has not committed the offences as alleged against him and he is innocent. No offence under Sec. 376 IPC is made out against him. The prosecutrix committed suicide and there is no allegation of abetement as well. The learned court below has grossly erred in law and facts as well as in declining to release the appellant on bail.

(3.) Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer of bail made by the petitioner.