VINAY KUMAR RANGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Sec. 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dtd. 5/8/2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in Cr.Misc. Bail Application No.310/2023, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No.161/2023 registered at Police Station Soorsagar, District Jodhpur City (West), for offences under Ss. 376, 376(2)(N) of IPC and Ss. 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

(2.) Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Drawing attention of the Court towards the FIR, learned counsel submitted that the prosecutrix is a mature lady aged about 30 years. Learned counsel submitted that the prosecutrix is living separately from her husband. The allegation against the present appellant is of establishing physical relations with the prosecutrix on the basis of promise of marriage. Learned counsel submitted that the prosecutrix in the FIR has admitted the fact that the prosecutrix was having relations with the appellant since 2017, which is sufficient to indicate that it is not a case of commission of sexual assault upon the prosecutrix by making false promise of marriage. As a matter of fact, the prosecutrix has falsely implicated the appellant in a criminal case on mutual relationship between the appellant and prosecutrix turning sour.

(3.) Learned counsel submitted that the appellant is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-appellant.