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2021 Supreme(Raj) 2039

MANOJ KUMAR GARG
Jagsir Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Rajender Singh Charan, Advocate, Mukesh Trivedi, Advocate

JUDGMENT

Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14-a (2) of SC/ST (Prevention of atrocities) act,1989 on behalf of the appellant, who is in custody in connection with F.I.R. No.154/2021, Police Station Mahila Thana, District Sriganganagar, for the offences under Sections 376(2)(N), 450, 354 IPC and u/s 3(I)(w)(i)(ii), 3(I)(w) (ii), 3(2) (V) of SC/ST (Prevention of atrocities) act against the order dated 28.10.2021 passed by the learned Special Judge SC/ST (Prevention of atrocities act) act Cases, Sri Ganganagar, whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. Counsel for the appellant submits that the prosecutrix is a major girl and she resided with the appellant due to which she got pregnant. If anything happened, it was with the consent of the prosecutrix. Challan of the case has already been presented and now no investigation is pending. 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

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