2024:CGHC:32417 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1546 of 2024 Aakash Sharma @ Lala S/o Shri Krishna Kumar Sharma Aged About 23 Years R/o Mahavir Nagar, Korba, Tehsil And District- Korba, C.G. ... Appellant.

versus State Of Chhattisgarh Through Station House Officer, Police Station - Korwali, District-

Korba, C.G. ... Respondent For Appellant Mr. Dhirendra Prasad Mishra, Advocate.

For State : Mr. Rajeev Bharat, GA. Hon'ble Shri Justice Deepak Kumar Tiwari Digitally signed by AJAY KUMAR Order On Board DWIVEDI

27.08.2024 AJAY KUMAR DWIVEDI

1. This appeal has been filed under Section 14-A (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short the “SC/ST Act”) filed by the accused/appellant against the rejection order dated 09.08.2024 passed by Special Judge SC & ST (P.A.) Act, Korba in Special Case (SC ST) No.52/2021 in connection with Crime No.703/2021 registered at Police Station Kotwali, Korba for the offence under Sections 302, 201, 506 & 34 of the IPC and Sections 3 (2) (v) of the SC/ST Act.

2. Prosecution case, in brief, is that informant Akash Kumar Sahu given an intimation before the P.S. Kotwali, Korba to the effect that on 27.07.2021 he, present appellant, deceased Aniket Goyal and co-accused Suraj Sahu were consuming liquor and gambling together. While gambling present appellant pledge mobile of the deceased for Rs.2000/-. After gambling, all the persons went Mahavir Nagar with auto of Suraj Sahu where some dispute took place between deceased Aniket and Suraj Sahu for mobile phone. Thereafter, Suraj Sahu with the help of present appellant strangulated the deceased by using scarf and caused his murder. Thereafter, both of them thrown the dead body of the deceased below the bridge with intent to conceal the evidence. On the basis of the aforesaid allegations, offences as above has been registered against the present appellant and co-accused.

3. Learned counsel for the appellant submits that appellant is innocent and he has been falsely implicated in the crime in question. He further submits that the appellant has not participated in the alleged crime and he has been arrested only on the basis of memorandum statement. He further submits that Akash Sahu, the eye witness to the incident has not supported the case of the prosecution and further memorandum and seizure witnesses have also been turned hostile. He also submits that the appellant is behind the bar since 29.07.2021 and conclusion of the trial is likely to considerable time. Learned counsel for the appellant places in the matter of Praveen Rathore Vs. State of Rajasthan [2023 SCC OnLine SC 1268] to submit that looking to the pretrial detention and delay in trial, the appellant can be released on bail even in the offence of Section

302 IPC. In view of the above submission, he prays to release the appellant on bail.

4. On the other hand, learned State counsel submits that during the first half of examination, the eye witness Akash Sahu has not deposed the incident completely and requested for sometime on the ground that he is not feeling well, however, while recording the statement post lunch session, this witness has turned hostile. He further submits that brother of the deceased has categorically deposed that present appellant, Akash Sahu and Suraj Sahu were last seen with the deceased. He also submits that all memorandum and seizure witnesses have not been examined and only one of the witness has turned hostile. Therefore, present is not a fit case for grant of bail.

5. Having regard to the aforesaid submissions and considering the facts and circumstances of the case, further considering the statement of brother of the deceased and that trial is already is on progress, only the ground there is delay in trial and that eye witness has not supported the case of the prosecution, I am not inclined to release the appellant on bail.

6. Moreover, the case on which learned counsel for the appellant has placed reliance is dist