AARIF KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A SC/ST (Prevention of Atrocity) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.162/2022, Police Station Sojat City, District Pali for the offences punishable under Ss. 342 and 376D of the IPC and Sec. 3(2)(5) of SC/ST (Prevention of Atrocity) Act against the order dtd. 25/11/2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Pali, whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Earlier appeal filed by the appellant was dismissed as not pressed vide order dtd. 6/9/2022 with liberty to file afresh after recording the statement of prosecutrix.

(3.) Learned counsel for the appellant submits that the now prosecutrix has been examined as PW.5 before the trial Court and she did not named the present appellant in her statement and in cross-examination she has clearly mentioned that she do not know the present appellant. The prosecutrix was a major. The appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail.