DEEPAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'Act of 1989') , accused-appellant has challenged order dated 7th of February, 2018 passed by Special Judge, (POCSO Act, 2012) Pratapgarh (for short, 'learned trial Court') rejecting his post-arrest bail application.

(2.) In brief facts giving rise to this appeal are that an FIR bearing No.111/2017 came to be lodged against appellant and three others at Police Station Salamgarh, District Pratapgarh for offences under Sections 363, 366, 342, 376 and 120-B IPC, Section 3(1) (b) (1) of the Act of 1989 and Section 5/6 of the POCSO Act. After completion of investigation, all the accused-persons including appellant were charge-sheeted for the aforesaid offences. At the behest of appellant an endeavour was made before learned trial Court but the same did not fructify to his advantage, and therefore, he along with co-accused Pawan preferred an appeal bearing No.1535/2017 before this Court and the said appeal was dismissed on 17th of February, 2017 as not pressed with liberty to file fresh after recording statements of prosecutrix. Later on, during trial statements of prosecutrix were recorded and the appellant applied for bail but same was declined.

(3.) Learned Public Prosecutor on the other hand has strenuously urged that in the backdrop of facts and circumstances of the case, no interference with the impugned order passed by learned trial Court is warranted.