VISHAL Vs. STATE OF U. P.

JUDGEMENT

(1.) List has been revised. Heard learned counsel for the appellant; learned A.G.A for opposite party no.1; Dewarshi Kumar Rai, learned counsel for opposite party no.2 and perused the material placed on record. The present criminal appeal under Sec. 14-A(2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the impugned order dtd. 18/6/2021, whereby the Special Judge, SC/ST Act, Kanpur has rejected the bail application of the appellant moved by him in Case Crime No. 39 of 2021, under Ss. - 147, 148, 149, 302 IPC and Sec. 3(2)5, 3(2)5ka of SC/ST Act, Police Station- Nawabganj, District- Kanpur Nagar.

(2.) The appellant has been implicated in this case on the allegation of commission of offence of double murder along with four named and two unnamed accused.

(3.) Learned counsel for the appellant has submitted that the incident took place at 11:00 p.m at night. Details have been given in the FIR and roles and weapons has been assigned to appellant and all the co-accused. He has submitted that the dead body of both the deceased was reported as unknown dead body in the hospital and in case the informant or other prosecution witness have seen the incident and the roles of the appellant and other co-accused, they could have taken the dead body of the deceased to the hospital. It has been submitted that the deceased died in some other incident and thereafter on account of previous enmity the appellant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 20/2/2021. In case, the appellant is released on bail, he will not misuse the liberty of bail. Co-accused, Deepu Nishad, has been granted bail by this Court vide Criminal Appeal No. 2621 of 2021.