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Judgment
Anjuli Palo, J
This is second criminal appeal filed under Section 14-A of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 on behalf of appellant - Arbaz Khan for grant of bail. The previous appeal was dismissed as withdrawn with liberty to repeat after reasonable time vide order dated 05.05.2021 passed in Cr.A No.1616/2021.
The appellant is in custody since 29.11.2020 in connection with Crime No.220/2020 registered at Police Station Pathrauta Itarsi, Tehsil Itarsi, District Hoshangabad (M.P.) for offence punishable under Sections 302, 120-B/34 of the I.P.C. and Section 3(2)(va) of the SC/ST Act.
Learned counsel for the appellant submits that the appellant is innocent and on the basis of false memorandum he has been falsely implicated in the case. Further, co-accused Durgesh Uikey has been enlarged on bail vide order dated 09.06.2021 passed in Cr.A. No.2026/2021. The appellant is in custody since 29.11.2020 and trial will take considerable time to conclude, therefore, he may be released on bail.
Learned Government Advocate for the State has vehemently opposed the bail application. It is submitted that the present applicant has actively participated in the offence.
After considering the entire evidence that has come on record, it is found that the co-accused Durgesh Uikey has been enlarged on bail on the ground that she was a lady. Prima facie, it shows that the appellant actively participated with main accused Shaheed Ali for committing murder of the deceased. The role attributed to the present appellant is almost similar to the main accused, hence this Court is not inclined to release him on bail.
Accordingly, this criminal appeal stands dismissed.