JUDGMENT

Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14-A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.158/2022, Police Station Khajuwala, District Bikaner for the offences punishable under Sections 450, 376(1), 323 of the IPC and Sections 3 (1)(R), 3(1) (w)(i), 3(2)(V), 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act against the order dated 10.11.2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Bikaner 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 was a major and in her statements recorded under Section 161 Cr.P.C., she clearly mentions that that no rape has been committed by the appellant and only an attempt was made by the appellant. Later on, in the statement recorded under Section 164 Cr.P.C., an allegation of rape has been made by the prosecutrix against the appellant, which is nothing but an afterthought. Challan of the case has already been presented. The appellant is in judicial custody; and the trial of the case will take su