KISHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14A(2) SC/ST (PA) Act on behalf of the appellant Kishan Singh S/o Late Shri Guman Singh, who is in custody in connection with F.I.R. No.159/2022, Police Station Mahajan, District Bikaner for the offences under Ss. 363 & 34 IPC and Sec. 3(2)(va) of the SC/ST (PA) Act against the order dtd. 11/1/2023 passed by the Special Judge, SC/ST (PA) Cases, Bikaner whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Learned counsel for the petitioner submits that the petitioner is an innocent person and he has unnecessarily been implicated in the case due to animosity. He further submits that there is no specific allegation and on the basis of omnibus allegations, the present petitioner was subjected to harassment. He further submits that FIR was lodged belatedly and no sufficient explanation was furnished for the delay so occasioned in filing the same. He further submits that prosecutrix was major on the date of kidnapping. He further submits that no other allegation except abduction was levelled against the petitioner. He further submits that the parties are known to each other and petitioner is not having any previous criminal antecedents. He further submits that the missing report which was registered by the complainant indicates that no specific allegation was levelled against the present petitioner. He further submits that investigation is yet to be concluded and trial will take its own time thus, keeping him in prolonged incarceration would not serve any purpose. Thus, he prayed that petitioner may be enlarged on bail. Bail application was opposed by the learned Public Prosecutor.

(3.) Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record. A notice of intimation of present appeal was sent to complainant but despite service of notice, he did not appear. As per police report, petitioner is in custody since 10/1/2023 and since then he is in custody and as per police report, offence under Sec. 363, 34 of the IPC, Sec. 3(2)(va) of the SC/ST (PA) Act and Sec. 84 of the Juvenile Justice Act are made out against the petitioner and the fact that petitioner does not have any previous criminal antecedent.