JUDGMENT :

G.A. SANAP, J.

1. In this appeal, filed under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of the Atrocities) Act, 1989 (herein after referred to as ‘Atrocity Act’) read with Section 439 and 167(2) of the Code of Criminal Procedure, 1973 (herein after referred to as Cr.P.C.) challenge is to the order dated 30.08.2021 whereby the learned Special Judge rejected the application made by the appellants for default bail under Section 167(2)(a)(i) of the Cr.P.C.

2. The facts leading to this appeal are as follows:

The accused were arrested on 31.05.2021 in crime, bearing No. 509 of 2021, registered at Badnera Police Station, District Amravati, for the offences punishable under Section 302, 201, 120-B, 364, 212 read with Section 34 of the Indian Penal Code, 1860 (herein after referred to as ‘the IPC’) read with Section 4/25 of the Arms Act, 1959 and Section 142 of the Maharashtra Police Act. It is the case of the prosecution that the appellants-Akash More and Nitesh Pital went to the house of a deceased-Bacchu. They took him with them under the pretext of joining them to drink liquor. They drunk liquor. The appellants as per the case of the prosecution, t