KISHAN VAISHNAV 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.170/2023, Police Station Raniwara, District Jalore for the offence under Ss. 363, 366 of IPC, Sec. 84 of Juvenile Justice (Care and Protection of Children) Act, and Sec. 3(2)(VA) (V)of SC/ST Act against the order dtd. 20/9/2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jalore, District Jalore whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Learned counsel for the appellant submits that as per the statement of victim recorded under Ss. 161 and 164 Cr.P.C., she herself admitted that she went along with the appellant to Hyderabad and no rape was committed with her by the present appellant. Challan of the case has been presented and no investigation is pending. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. He further submits that the learned court below has grossly erred in law and facts as well in declining to release the appellant on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.

(3.) Learned Public Prosecutor has opposed the prayer for bail. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.