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2023 Supreme(All) 1654

SHAMIM AHMED
Salman Tanveer – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Deptt. Lko – Respondent


Advocates Appeared:
For the Appellant : Mohd. Amir Khan, Surya Prakash.

JUDGMENT :

(Shamim Ahmed, J.)

1. Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.

2. The present appeal has been filed with a prayer to allow the appeal as well as to set aside the judgement and order dated 30.10.2023 passed by learned Special Judge, S.C./S.T. Act, Lucknow in Anticipatory Bail Application No.8326 of 2023, arising out of Case Crime No.433 of 2022, under Sections 147, 148, 149, 323, 504, 506, 332, 353, 342, 364 I.P.C. and Section 3(1)(Da), 3(1)(Dha) and 3(2)(V) of S.C./S.T. Act, Police Station Thakurganj, District Lucknow.

3. The prosecution case in brief is that the complainant is an S.D.O. of Electricity Department and on the date of incident, the accused alongwith his companions had kidnapped the informant and thereafter, they abused him in caste abusive languages, beaten him and also threatened him to life.

4. Learned counsel for the appellant submits that the entire prosecution story is false and fabricated. No case under the Sections of 3(1)(Da)(Dha) of S.C./S.T. Act is attracted against the appellant. As per the prosecution story, the incident is alleged to have taken place at night inside the electricity o

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