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2022 Supreme(Raj) 2645

MANOJ KUMAR GARG
Aarif Khan – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Gulam Moinuddin, Advocate, B.R. Bishnoi, Advocate

JUDGMENT

Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14-A SC/ST (Prevention of Atrocity) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.162/2022, Police Station Sojat City, District Pali for the offences punishable under Sections 342 & 376D of the IPC and Section 3(2)(5) of SC/ST (Prevention of Atrocity) Act against the order dated 25.11.2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Pali, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. Earlier appeal filed by the appellant was dismissed as not pressed vide order dated 06.09.2022 with liberty to file afresh after recording the statement of prosecutrix.

3. Learned counsel for the appellant submits that the now prosecutrix has been examined as PW.5 before the trial Court and she did not named the present appellant in her statement and in cross-examination she has clearly mentioned that she do not know the present appellant. The prosecutrix was a major. The appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit o

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