SACHIN SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant; learned AGA for opposite party no.1 perused the material placed on record.

(2.) 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. 20/4/2022 whereby the Special Judge, SC/ST Act, Aligarh, has rejected the bail application of the appellant moved by him in Case Crime No. 23/2022 under Ss. 302, 201, 34, 120B IPC and Sec. 3(2) (5) SC/ST Act, Police Station Gabhana, District Aligarh.

(3.) The name of the appellant has surfaced in the confessional statement of Smt. Anjana @ Gudiya, who was the wife of the deceased. Learned counsel for the appellant has submitted that the aforesaid co-accused, Smt. Anjana @ Gudiya, has already been enlarged on bail vide bail Criminal Appeal No. 59802 of 2022. The appellant has been falsely implicated in this case. It is a case of malicious prosecution of appellant under the provisions of SC/ST Act. He has no criminal history to his credit and is languishing in jail since 30/1/2022. In case, the appellant is released on bail, he will not misuse the liberty of bail.