R.P.SETHI, J.

(1) LEAVE granted.

(2) THE respondent was arrested in connection with Crime No. 129 of 1999 registered by Police Station Goregaon for the offences punishable under Sections 302, 109, 120-B, 364, 397, 201 read with Section 34 of the Indian Penal Code and under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He has been granted bail pending trial vide the order impugned in this appeal on the ground that there was no material on record to establish the involvement of the respondent in the commission of the crime and that the accused was not aware of the criminal conspiracy, in execution of which, the deceased Shubhangi was killed.

(3) ACCORDING to the prosecution, the respondent had a love affair with the deceased Shubhangi. The deceased was insisting for marriage to which the respondent and his mother were not agreeable as the deceased belonged to a Scheduled Caste and the respondent belonged to Teli community which is considered as a higher caste. The respondent is alleged to have hatched a conspiracy to get rid of Shubhangi by eliminating her. In furtherance of the conspiracy and