Learned counsel for the appellant submits that with regard to the incident occurred at 11:30 p.m. (night) on 23.11.2018, the first information report was lodged on 24.11.2018 at 16:40 hours naming the appellant and two other persons. The postmortem report discloses three injuries on the body of the deceased but except for injury no.1, which was on the head, rest of the injuries were abrasions and the author of the head injury is not disclosed in the FIR. The postmortem report indicates that the postmortem was conducted at about 03:00 p.m. on 25.11.2018. As per the opinion of the doctor, the death could have occurred about a day before, meaning thereby that the death occurred on or about post noon of 24.11.2018.The appellant/accused was earlier granted on bail by this Court vide order 11.9.2019 in Criminal Misc. Bail Application No. 3030 of 2019 under Section 304 IPC and in the present appeal, the offence committed under Section 3(1)(2)(5) of SC/ST Act. Since the appellant/accused granted bail under Section 304 IPC and therefore, the trial has committed while rejecting the bail application of the appellant/accused. under Section 3(1)(2)(5) of
