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Judgment
This Criminal Appeal under Section 14(A)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth ‘the SC/ST Act’) is filed against the order dated 28.01.2022 passed by the Special Judge, SC/ST (P.A) ACT, Korba District Korba (CG) in Special Criminal Case No.52/2021 for grant of regular bail to the Appellant, who has been arrested in connection with Crime No.703/2021 registered at Police Station Kotwali, Korba, District Korba (CG) for the offence under Sections 302, 201 and 506/34 IPC and also under Section 3(2)(v) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989.
Case of the prosecution is that the present Appellant, in connivance with co-accused Suraj Sahu, had committed the murder of deceased Aniket Goyal and thrown the dead body in a river, therefore, the aforesaid offence has been registered against him.
Learned counsel for the Appellant submits that the Appellant is innocent and has been falsely implicated in the crime in question for which, he is languishing in jail since 29.07.2021. He further submits that the earlier application was dismissed as withdrawn vide order dated 13.04.2022 passed in Cr.A. No.364/2022. He lastly submits that though 1 ½ years have passed, but the prosecution has not examined any witness, conclusion of the trial is also likely to take quite some time, therefore, the present Appellant may be released on bail.
Per contra, learned Counsel for the State opposed the bail application and submits that the allegations against the Appellant are serious in nature, therefore, he is not entitled to be released on bail.
Considering the facts and circumstances of the case, looking to the serious nature of allegations, the gravity of offence, without further commenting anything on merits, I am not inclined to grant regular bail to the Appellant.
Accordingly, the Appeal is dismissed. However, the Appellant is at liberty to revive his application for bail after examination of the material witnesses.
Consequently, IA No.01/2023, an application for condonation of delay in filing the Appeal stands disposed of.