ASHOK SHIVHARE Vs. STATE OF M.P.

JUDGEMENT

(1.) This fifth Criminal Appeal for grant of bail has been filed under Sec. 14A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 against the order dtd. 8/4/2021 passed by Special Judge (Atrocities), Datia by which the application filed by the appellant for grant of bail has been rejected. The fourth Criminal Appeal was dismissed as withdrawn by order dtd. 8/9/2021 passed in Cr.A. No.5047/2021.

(2.) The appellant has been arrested on 30/12/2020 in connection with Crime No.301/2020 registered at Police Station Badoni, District Datia for offence punishable under Ss. 302 r/w Sec. 34, 147, 149, 201 of IPC and under Sec.

(3.) (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act. 3 It is submitted by the counsel for the appellant that all the material witnesses have been examined and they have not supported the prosecution case. At present there is no substantive evidence against the appellant. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case. It is further submitted that this Court by order dtd. 20/9/2021 passed in Criminal Appeal Nos.5172/2021, 5445/2021 and 5462/2021 has granted bail to the co-accused Rakesh Pal, Ram Ji Lal Rawat, Kallu @ Devendra Rawat and the case of the appellant is identical to that of the co-accused persons who have been released on bail.