IRFAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record.

(2.) The instant appeal has been filed under Sec. 14A of SC/ST Act on behalf of the appellant, who is in custody in connection with FIR No.602/2022, Police Station Subhash Nagar, District Bhilwara for the offences under Ss. 323, 341, 376 of IPC and Ss. 3(1)(w)(ii) and 3(2)(w) of SC/ST (Prevention of Atrocities Cases) and against the order dtd. 18/1/2024 passed by learned Special Judge SC/ST (Prevention of Atrocitiea Cases), Bhilwara whereby the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected. The earlier criminal appeal has been dismissed as not pressed vide order dtd. 1/8/2023 with liberty to file afresh after recording the statement of prosecutrix.

(3.) It has been submitted on behalf of the appellant that now the prosecutrix has been examined as PW/1 and she admits in her statement that the present appellant did not commit rape with her and she also stated that she never knew the present appellant Irfan. 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.