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2021 Supreme(Raj) 777

DEVENDRA KACHHAWAHA
Mahendra @ Bindu @ Mintu – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Raj Kumar Saini through VC, for the Appellant; Mr. S.S Ola, P.P, for the Respondent; Mr. Anil Agarwal for Mr. S.S Sunda, Advocates, for the Complainant

JUDGMENT

1. The instant appeal has been filed under Section 14 (A) of SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in judicial custody in connection with FIR No. 194/2020, Police Station Mahila Thana, District Alwar, for the offences under Sections 323, 341, 354-B of the I.P.C. and under Sections 3 (1) (V), 3(2)(VA) of the SC/ST (Prevention of Atrocities) Act against the order dated 19.02.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. Heard learned counsel for the appellant through video conferencing and learned Public Prosecutor as well as learned counsel for the complainant, present-in-person. Perused the material available on record.

3. Learned counsel for the appellant stated that except offence under Sections 3(1)(V) and 3(2)(VA) of the SC/ST Act, remaining offences are triable by the Magistrate; accused-appellant is behind the bars since 10.09.2020; accused-appellant and complainant are neighbours; as per the statement of prosecutrix itself, there is no injury reported in this case; that charge-sheet has been f

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