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Judgment
Gautam Kumar Choudhary, J
Heard, learned counsel for the parties.
Earlier prayer for regular bail was rejected by this Court on merit vide order dated 23.04.2024 passed in Crl. Appeal (SJ) No.568 of 2023.
Instant criminal appeal is directed against the order dated 06.07.2024 passed in Misc. Cr. Application No.291/2024 arising out of Borio P.S. Case No.320 of 2022 (SC/ST Case No.11/23) under Sections 302/, 201, 120B/34 of the Indian Penal Code and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Prosecution case, in brief is that one Rebika Paharain went missing on 16.12.2022 and a missing report was lodged regarding it. On the same day, on enquiry, it transpired that Dildar Ansari had married Rebika Paharain who belong to tribal community which was not to the liking of the family members of Dildar and consequently, she was kept by Dildar for some time at Bangalore and also at Borio in a rented house. About 15-20 days before she went missing, she forcibly resumed her stay into house of Dildar. It is alleged that under a criminal conspiracy, Mariyam Nisha, mother of Dildar Ansari sent her to her brothers’ residence where she was murdered in cold blood and her dead body was disposed of by decimating into pieces. On the basis of statement recorded by Sub Inspector of Police, F.I.R. was registered against Dildar Ansari, Mariyam Nisha and Mainul Ansari.
It is submitted that the appellant has renewed his prayer for bail mainly on the ground that the appellant is in custody since 18.12.2022. Charge in this case was framed on 29.03.2023 and till date, out of 38 witnesses, only 16 witnesses have been examined on behalf of the prosecution. It is submitted that co-accused have been granted bail.
Learned A.P.P. opposed the bail petition. It is submitted that she is wife of main accused Mainul Ansari, maternal uncle of Dildar Ansari and as per the materials on record, offence was committed in the house of this appellant and body was decimated and disposed of in a most brutal manner.
I do not find any change of circumstance for reconsideration of the bail of the appellant, as such, the regular bail application is rejected. The appeal stands dismissed.
However, learned Trial Court is directed to expedite the trial.