PRAKASH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the material available on record.

(2.) The instant appeal has been filed under Sec. 14A (2) of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.128/2023, Police Station Lohawat, District Jodhpur for offences under Sec. 363, 342, 376-D IPC and Ss. 3(1)(w)(i)(ii), 3(2)(v) of SC/ST (Prevention of Atrocity) Act against the order dtd. 11/8/2023 passed by learned Special Judge, SC/ST Cases, Jodhpur Metro whereby the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(3.) Counsel for the appellant submits that the prosecutrix is major and she roamed with the petitioner and resided with him for about two days. Earlier a missing person report was registered in which the prosecutrix gave the statement that she herself left the house and no rape was committed with her. Later on, the present FIR was lodged against the petitioner. Challan of the case has already 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. Therefore, the benefit of bail should be granted to the accused-appellant.