JAGSIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A (2) of SC/ST (Prevention of Atrocities) Act,1989 on behalf of the appellant, who is in custody in connection with F.I.R. No.154/2021, Police Station Mahila Thana, District Sriganganagar, for the offences under Ss. 376(2)(N), 450, 354 IPC and u/s 3(I)(w)(i)(ii), 3(I)(w) (ii), 3(2) (V) of SC/ST (Prevention of Atrocities) Act against the order dtd. 28/10/2021 passed by the learned Special Judge SC/ST (Prevention of Atrocities Act) Act Cases, Sri Ganganagar, 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 is a major girl and she resided with the appellant due to which she got pregnant. If anything happened, it was with the consent of the prosecutrix. Challan of the case has already been presented and now no investigation is pending. 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. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail.

(3.) Learned Public Prosecutor has opposed the prayer for bail. Heard learned counsel for the appellant and learned public prosecutor and also perused the material available on record.