RADHAKISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Public Prosecutor and perused the material available on record. The instant criminal appeal has been filed under Sec. 14A of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.335/2022, Police Station Pratap Nagar, District Bhilwara for the offences under Ss. 376(2)(n) of IPC and Sec. 3(1)(W) and 3(2)(V)of SC/ST Act and against the order dtd. 12/5/2023 passed by the Special Judge, SC/ST Act Cases, Bhilwara 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 was 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. Challan of the case has already been presented. 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. Learned Public Prosecutor has opposed the prayer for bail.

(3.) 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.