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Judgment
B. K. Shrivastava, J
Hard on appeal filed under Section 14-A(2) of SC/ST on 19.11.2019 on behalf of Rahul, who is confined in custody since 04.07.2019 in connection with Crime No.133/2019, registered at Police Station Navegaon, District Chhindwara for the offence under Sections 302, 201/34 of IPC and under Section 3(2)(V) of SC/ST Act.
It is submitted by the appellant's counsel that there is no any evidence against the present appellant. Challan has been filed and trial is pending. Appellant is confined in custody since 04.07.2019, therefore, he should be enlarged on bail.
On the other side, State strongly opposed the application and submits that sufficient evidence is available against the appellant. The appellant is the main accused of this case.
Counsel for the Objector also opposed the application and submits that this is the case of double murder and as per challan sufficient material is available against the present appellant, therefore, he should not be enlarged on bail.
It appears from the record that the murder of Shanker and his son Rupesh was committed. During investigation, it is found that the deceased separated his son Munna and did not gave any portion of his property. Munna was residing at a separate place. His wife was having the illicit relationship with the present appellant Rahul, this fact has come into the notice of Munna, therefore, Munna compromised with the present appellant and took his consent to commit the aforesaid crime. Thereafter Munna and when the son Rupesh wake up then both the accused also committed the murder of Rupesh.
Looking to the challan papers and the other circumstances of the case, it cannot be said that sufficient evidence is not available against the present appellant. Looking to the seriousness of the crime and the other circumstances, in view of this Court the appellant is not entitled to get the bail, therefore, trial Court did not commit any mistake in the order dated 24.10.2020 by dismissing the application filed by the appellant. Hence this appeal is having no force, therefore, dismissed.