LAWS(RAJ)-2024-4-89

TAUKIR KHAN Vs. STATE OF RAJASTHAN

Decided On April 16, 2024
Taukir Khan Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A (2) of SC/ ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.3/2024 registered at Police Station Mahila Thana Sirohi, District Sirohi, for the offences under Ss. 376(2)(n) of IPC and Ss. 3(1)(w)(i)(ii), 3(2)(v) of the SC and ST (Prevention of Atrocities) Act against the order dtd. 16/2/2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Sirohi in Misc. Bail Case No. 98/2024 (CIS No.98/24) whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Heard learned counsel for the parties at Bar and perused the material available on record.

(3.) Leaned counsel for the appellant submitted that the prosecutix is a mature woman. Drawing attention of the Court towards the FIR, learned counsel submitted that the appellant and prosecutrix were in consensual relationship from more than past 1' years, however, on their relation between them turning strained and in order to teach a lesson to the appellant, the prosecutrix has foisted a false FIR against him. Learned counsel submitted that the appellant in judicial custody and the trial of the case will take sufficiently long time to be concluded, therefore, the benefit of bail should be granted to the accused-appellant.