AAKASH SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 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 dtd. 28/1/2022 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 Ss. 302, 201 and 506/34 IPC and also under Sec. 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

(2.) 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.

(3.) 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 29/7/2021. He further submits that the earlier application was dismissed as withdrawn vide order dtd. 13/4/2022 passed in Cr.A. No.364/2022. He lastly submits that though 1 - 1/2 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.