DIVAKAR Vs. STATE

JUDGEMENT

(1.) The appeal challenges the dismissal of the bail petition filed by the appellant, who is arrayed as A4 in Crime No.426/2025 registered for the offences under Sec. 103(1)61(2) BNS r/w 3(2)(va) of SC/ST (PoA) Act.

(2.) The case of the prosecution is that the first and second accused are friends; that the deceased was known to both of them; that the deceased had commented about the character of the mother of the first accused; that therefore, the first and second accused along with the appellant and third accused had conspired to do away with the deceased; that on the date of occurrence, the third accused had informed to the first two accused about the whereabouts of the deceased, who in turn caused the death of the deceased by stabbing him with knife; that the appellant has subsequently assisted the other accused in hiding the blood stained clothes and providing fresh clothes to the accused. The appellant sought for bail, which was dismissed by the impugned order.

(3.) The learned counsel for the appellant would submit that the appellant has no bad antecedent; that the first accused is a juvenile accused; that the appellant was not involved in the alleged occurrence. He therefore submitted that considering the nature of allegation and the period of incarceration, the appellant may be released on bail.