NIMB SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14 (A) (2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in judicial custody in connection with F.I.R. No.634/2021, Police Station Balotra, District Barmer, registered for the offences punishable under Ss. 354-D and 384 of the Indian Penal Code and Ss. 3 (1) (b) (i) and 3 (2) (va) of the SC/ST (Prevention of Atrocities) Act against the order dtd. 29/1/2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Balotra, whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

(3.) In compliance of Court's earlier order dtd. 18/2/2022, Investigating Officer, Mr. Dhanphool Meena appears before the Court along with learned Public Prosecutor and stated that since victim has not supported the story of prosecution during the statement recorded under Sec. 164 Cr.P.C., therefore, the offence punishable under Sec. 376 IPC could not be proved against the accused-appellant.