JUDGMENT :

1. Counter affidavit filed on behalf of State is already on record and in reply thereto, the learned counsel for the appellant has filed rejoinder affidavit today in Court, which is taken on record.

2. Shri Alok Srivastava, the learned counsel for the opposite party No. 2 was already granted time to file counter affidavit on 02.03.2023, since then the case listed 3-4 times, but he has not filed any counter affidavit. He submits that he will argue the matter in absence of any counter affidavit.

4. Heard Shri Amrendra Nath Singh, learned Senior Advocate, assisted by Shri Ravi Kant Pandey, the learned counsel for the appellant, Ms. Shikha Sinha, the learned A.G.A. for the State-opposite party No. 1 as well as Shri Alok Srivastava, the learned counsel for the opposite party No. 2 and perused the record.

5. The present criminal appeal under Section 14-A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant-Satyam Singh, against the impugned order dated 28.05.2021 passed by the court of learned Special Judge, SC/ST Act, Gonda in Bail Application No. 1193 of 2021, arising out of Case Crime No. 85 of 2021, under Sections 306, 376(2) I.P.C. read with Section 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 67 of I.T. Act, Police Station Tarabganj, District Gonda, whereby bail application of the appellant has been rejected.

6. Learned counsel for the appellant submits that appellant is a student of B.Sc. in a reputed college and was pursuing his studies. He has falsely been implicated in the present case due to enmity and village party bandi. The entire allegation as levelled by the prosecution against the appellant is false and fabricated and has been made only with intention to ruin the entire future of the appellant.

7. Learned counsel further submits that the first information report was lodged by the opposite party No. 2-Pappu Paswan against the appellant on 24.03.2021 at 03:19 a.m. showing the incident of 23.03.2021, under Section 306 I.P.C. read with Section 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act at Police Station Tarabganj, District Gonda, alleging therein that in the intervening night of 23/24.03.2021 brother-in-law of his brother, Pujari, called him on his mobile to talk with his sister, over which he went to the house of his brother, then neighbour informed him that wife and daughter of his brother, namely, Phoola Devi and Khushboo had gone towards field, then he went in their search towards south side and saw that in the field of Ishardeen Paswan from the tree of jackfruit (Katahal), wife and daughter of his brother were hanging. On account of harassment of Satyam Singh, wife and daughter of his brother namely Phoola Devi and Khusboo hanged themselves and committed suicide.

8. Learned counsel for the appellant further argued that the first information report was lodged after a much delay without giving any plausible explanation. On the information of death of both the deceased the police of Police Station Tarabaganj came and conducted inquest proceedings and prepared inquest report, thereafter, the dead bodies of both the deceased were sent for postmortem examination, which was done on 24.03.2021.

9. Learned counsel for the appellant further submits that as per the postmortem report of the deceased-Khushboo, her cause of death was found to be asphyxia due to ante mortem hanging with one ligature mark of size 29.0 c.m. x 1.5 c.m. all around the neck, which is mentioned at page-59 of the paper book of the present appeal. He further submits that the concerned doctor has opined that no external and internal injury seen on genitals, hymen was torn and uterus was non gravid. This report is given at page-60 of the paper book. Thus, learned counsel for the appellant submits that as per the post mortem report cause of death of the deceased-Khushboo is asphyxia due to hanging without any injuri