POONAM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14(A) of SC/ST (Prevention of Atrocities Act) on behalf of the appellant, who is in custody in connection with F.I.R. No.97/2021, Police Station Parbatsar, District Nagaur, for the offences under Ss. 450, 506, 376-D IPC and 3 (1) (w) (ii), 3 (2) (v) 3 (2) (va) SC/ST Act against the order dtd. 16/2/2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities Act) Cases, Merta, District Nagaur, whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Counsel for the appellant submits that a specific allegation has been levelled by the prosecutrix against the co-accused Ramu Ram for committing rape but she has not alleged the present petitioner for committing rape. Challan of the case has already been presented and no investigation is pending. Accused-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.

(3.) Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for bail.