JAIDEV 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 FIR No.117/2023, Police Station Gotan, District Nagour, for the offence under Ss. 343, 376(2)(N), 384 IPC and Ss. 3(1)(W)(I), 3(2)(V)(VA) of SC/ST Act against the order dtd. 1/9/2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Merta whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Counsel for the appellant submits that the prosecutrix is major and FIR in this case has been lodged after a considerable delay and the said delay has not at all been explained by the prosecutrix. The prosecutrix stated that the incident was happened about one and half year ago. Charge-sheet has already been filed against the petitioner. The accused-appellant is inside the jail since 23/5/2023 and the trial of the case will take sufficient long time to be concluded. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.

(3.) Learned Public Prosecutor and counsel for respondent No.2 have vehemently opposed the prayer for bail and submitted that the petitioner is threatening the prosecutrix and her family members, therefore, benefit of bail should not be granted to the petitioner.