MUKESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit. Heard finally with the consent of learned counsel appearing for the parties.

(2.) This is an appeal under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, raising a challenge to the order of rejection of regular bail in Crime No.192/2022, registered with Police Station Chikhaldara, District - Amravati, relating to offences punishable under Sec. 302, 201, 376(D), 120(B) and read with Sec. 34 of the Indian Penal Code and Sec. 3(2)(v), 3(1)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) At the instance of report dtd. 12/9/2022 lodged by the Police Officer, a crime has been registered. Deceased girl aged 19 years went missing from her house on 17/8/2022. After two days i.e. 19/8/2022, her dead body was found floating in the Well water. The police have initially registered a murg report and conducted enquiry. During enquiry, the police have verified call details of the deceased. During enquiry, it was transpired that on 17/8/2022, deceased was in contact with the boys namely Jakir and Mukesh. The Sim Card of deceased was later on used by co- accused Jakir whilst appellant Mukesh and Amol have switched off their mobiles for few days. The police also came across that on 17/8/2022, the appellant and others were found roaming near the field were a dead body was found. The body was in decomposed condition, hence, initially the cause of death was not revealed. It was found in post-mortem examination that hyoid bone was depressed. Medical opinion was sought on which the possibility of throttling the deceased was surfaced. Therefore, police have registered crime against three persons including appellant Mukesh for committing murder of deceased girl. The investigation was completed and charge-sheet has been filed. The appellant has applied to the trial Court for grant of regular bail, however, vide order dtd. 10/5/2023, the trial Court has declined to grant bail and therefore, this appeal.