SUNIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No. 116/2021 registered at Women Police Station, Barmer for the offences under Ss. 354-D, 384, 376(2)N of IPC and Sec. 3(1)(?)(ii), 3(2) (v), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the order dtd. 26/10/2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Barmer whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Learned counsel for the appellant submits that the prosecutrix is major married lady, who lodged the report in police after one year of the alleged incident. Prosecutrix has not furnished any explanation for such inordinate delay. Allegation of committing rape upon the prosecution by the petitioner is false. He further submits that there were relations between the parties. After investigation, challan has already been filed. Appellant is behind the bars since 12/7/2021. Trial is not likely to be concluded in near future. In the above, circumstances, learned counsel for the appellant prays that the appeal filed by the appellant deserves to be allowed.

(3.) On the contrary, learned counsel for the complainant and learned Public Prosecutor have opposed the appeal.