KAILASH GIRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14A(2) SC/ ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.96/2021, Police Station Bhadsora, District Chittorgarh for the offences under Ss. 452, 384, 354-A, 506, 376, 376/D of I.P.C., Ss. 3(1)(r)(s), 3(1)(w)(i) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act and Sec. 67 A of Information and Technology Act against the order dtd. 3/10/2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Chittorgarh, whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Heard. Perused the material available on record.

(3.) It is submitted by learned counsel for the appellant that after the rejection of the first appeal of the appellant on 9/11/2022, the learned trial Court has not proceeded with the trial. The statement of the prosecutrix has been recorded before the trial Court. Learned counsel further submits that the co-accused Rahul, being a juvenile, has already been enlarged on bail. He submits that the allegations against the appellant and co-accused Rahul are verbatim the same. The prosecutrix is a major married lady of 30 years. Learned counsel submits that the appellant has suffered incarceration for more than two and half years and the trial is not likely to be concluded in near future. He, therefore, prays that the appellant my be enlarged on bail.