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2024 Supreme(P&H) 298

SUMEET GOEL
Rafiq Khan – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appearing Parties : Mr. Shikhar Goel , Mr. Priyanka Sadar AAG, Haryana , Mr. Akshit Mehta

JUDGMENT :

Mr. Sumeet Goel, J. :- The present appeal is the third attempt by the appellant-Rafiq Khan for grant of bail in FIR No.165 dated 05.08.2021, registered for the offences punishable under Section 506 of IPC and Section 4 of POCSO Act and Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Women NIT Faridabad.

2. The case set up in the FIR in question (as set out in the present petition by the appellant) is as follows:-

    “12. To the SHO, Police Station Women, 21-A NIT, Faridabad. It is the submitted that I Rita W/o Munshi is resident of Gandhi Colony. My daughter Rinki is 14 years of age. On 05.08.2021, she informed me that one boy namely Rafiq had committed rape upon me on 04.08.2021 at about 05:30 pm. I have decided that my daughter be served with justice and that boy be punished, he has threatened my daughter that if she disclosed to anyone then he will kill her. Dated 05.08.2021. Sd/- Rita. ADDO-58 Gandhi Colony, NIT, Railway Road, Faridabad, Mob. No.9582836397.”

3. The appellant had earlier applied for grant of regular bail vide CRM-M-47883-2022 wherein the following order was passed on 08.12.2022:

    “Petitioner is s

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