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2022 Supreme(Raj) 2718

MANOJ KUMAR GARG
Madan Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Pradeep Kumar Shah, Advocate, C.S. Rathore, Advocate, S.K. Mehar, Advocate, Khushboo Vyas, Advocate

JUDGMENT

Manoj Kumar Garg, J. - Heard the learned counsel for the parties and perused the material available on record.

2. The instant appeal has been filed under Section 14-A(1) of SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.70/2022, Police Station Barmer Rural, District Barmer for the offences under Sections 364, 302 R/w 120-B of IPC and Section 3(2)(V) of SC/ST (Prevention of Atrocity) Act against the order dated 07.05.2022 passed by learned Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act Cases, Barmer whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

3. Counsel for the appellant submits that specific allegation has been made by the witnesses against co-accused Sawai Ram, who inflicted head injury to the deceased and cause of death is head injury. Challan of the case has already been presented and no investigation is pending. The 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.

4. Learned Public

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