Israr Khan vs State of U. P. - 2023 Supreme(All) 1296

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1296

SHAMIM AHMED
Israr Khan – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Manoj Kumar Singh, Brij Mohan Sahai
For the Respondent: Ashish Raman Mishra, Sandeep Singh

JUDGMENT :

1. Heard Sri Brij Mohan Sahai, learned Senior Counsel, assisted by Sri Sri Ashish Kumar Dubey, Advocate, for the appellant; Sri Ashish Raman Mishra, learned counsel for the opposite party no.2 as well as Sri Ashok Srivastava, learned A.G.A. for the State and perused the entire record.

2. This Criminal Appeal under Section 14-A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 10.12.2020 passed by learned Special Judge(S.C./S.T. Act)/Addl. Sessions Judge, Bahraich, in Bail Application No. 1827/12A/2020, Case Crime No. 170 of 2020, under Sections 364, 302, 201, 34 I.P.C. and Section 3(2)(v) of S.C./S.T. Act, Police Station Matera, District Bahraich, whereby the bail-application of the appellant has been rejected.

3. Sri B.M. Sahai, learned counsel for the appellant submits that the first-information-report dated 29.10.2020 had been lodged against unknown persons under Section 363 of I.P.C., stating that on the said date, i.e. on 29.10.2020, at about 7 a.m. the informant's son Ved Prakash Chaudhary, aged about 12 years, who was studying in Class-V, had gone to coaching, but he did not return home. Ther