JUDGMENT

Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14a(2) SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with F.I.R. No.0050/2022, Police Station Phalodi, District Jodhpur for the offences punishable under Sections 323, 341, 354 & 376 of the IPC and Sections 3(1)(w)(i) & 3(2)(V) of the SC/ST (Prevention of atrocities) act against the order dated 23.03.2022 passed by the learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention of atrocities act Cases), Jodhpur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. Learned counsel for the appellant submits that prosecutrix is a major lady; there are major contradictions in the statements of prosecutrix recorded under Sections 161 and 164 Cr.P.C.; the challan of the case has already been presented; 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