LAWS(RAJ)-2022-12-59

CHETAN RAM Vs. STATE OF RAJASTHAN

Decided On December 20, 2022
Chetan Ram Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 207/2022, Police Station Balesar, District Jodhpur, for the offences under Ss. 450, 376(2)(n) IPC and Sec. 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act.

(2.) It is submitted by learned counsel for the prosecutrix is a grown up married lady of 26 years having four children who states in the FIR itself that the appellant was seducing her since last six months. It has not been stated in the FIR that what prevented the prosecutrix to get the matter reported to the police promptly. Thus, learned counsel submits that the very registration of the FIR is highly questionable. It is further submitted that earlier she alleged allegations of rape against her brother-in-law but thereafter she entered into compromise with him and then reported the matter against the appellant. Therefore, benefit of bail may be granted to the appellant.

(3.) Per contra, learned learned Public Prosecutor as well as learned counsel for the complainant vehemently opposed the bail application.