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Neutral Citation No. - 2023:AHC:109356

Reserved On:- 12.05.2023

Delivered On:- 18.05.2023

Case :- CRIMINAL APPEAL No. - 2196 of 2023

Appellant :- Anil Kumar Bind

Respondent :- State of U.P. and Another

Counsel for Appellant :- Shiv Bahadur Singh,Sunil Kumar Singh

Counsel for Respondent :- G.A.,Desh Raj Kushwaha,Muneshwar Singh

Hon'ble Siddharth, J.

1.

Heard Sri Sunil Kumar Singh, learned counsel for the appellant;

learned AGA for opposite party no.1; Sri Chandrashekhar Kushwaha,

Advocate, holding brief of Sri Desh Raj Kushwaha, learned counsel for

opposite party no.2 and perused the material placed on record.

2.

The present criminal appeal under Section 14-A(2) Scheduled

Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by

the appellant to set aside the impugned order dated 10.02.2023 whereby

the Special Judge, SC/ST Act, Prayagraj has rejected the bail application

of the appellant moved by him in Case Crime No. 306 of 2022, under

Sections 304, 201, 34 IPC and Section 3(2)V of SC/ST Act, Police Station

Manda, District Prayagraj.

3.

There is allegation in the FIR against the appellant and seven other

named accused that they have caused the murder of the brother of the

informant by crushing him under the wheels of a vehicle. On the basis of

suspicion, the appellant and other co-accused were implicated in the FIR.

4.

Learned counsel for the appellant submits that it is a case of false

implication of the appellant and other co-accused. He has submitted that

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an application was filed by the informant on 06.10.2022 before the S.H.O.,

Manda, Prayagraj informing that he has received whats-app messages that

his brother, Anil Kumar Gautam, is dead. The aforesaid application was

recorded as G.D entry at 10:58 a.m. Inquest report was prepared on the

same date at 11:20 thereafter the body was sent for post-mortem and after

the inquest and post-mortem on the basis of the earlier G.D entry, FIR was

lodged on 11.11.2022 implicating the eight accused persons but not the

appellant. He has submitted that in the site plan of the incident prepared on

12.11.2022 the dead body of the deceased was found on the road. The

police in C.D. No. 2 dated 13.11.2022 recorded the finding that

information has been received by informer that on 05.10.2022 at 07:30 a.m

truck owned by the co-accused, Shiv Mani Bind and driven by his nephew,

Ram Mani Bind crushed the deceased and thereafter the dead body was

thrown within the limits of police station, Manda, Prayagraj. Statement of

one, Ram Dular Bind, has been recorded who informed that he found truck

no. UP 63-AT-0603 standing where Anil Chamar had died being crushed

by the same. Thereafter, co-accused, Shiv Mani Bind, the appellant, Anil

Kumar Bind, Ram Mani Bind and Barai, were implicated. Further

statements of Raghvendra, Shekhar, Ram Bahadur, Rajendra Prasad, were

recorded under Section 161 Cr.P.C., wherein they testified to the incident

on the basis of hear say evidence. On 14.11.2022, the police converted the

case from Section 302 IPC to Section 304/201 IPC. Confessional

statement of appellant, co-accused, Shiv Mani Bind, Ram Mani Bind,

Aditya Singh alias Golu Singh and Barai, were recorded. Thereafter, the

accused named in the FIR were exonerated except the co-accused, Shiv

Mani Bind. Anil Kumar Bind and Ram Mani Bind, Barai, Aditya Singh

alias Golu Singh were implicated as accused. Raju Bind, was also

implicated. There is allegation that the incident was committed because the

deceased belonged to schedule caste. FIR is delayed by about 35 days.

Except the confessional statement of the appellant, there is nothing against

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him to implicate him in this case. He is in jail since 13.11.2022 and has no

criminal history to his credit. Co-accused, Aditya Singh @ Golu Singh,

has been enlarged on bail by this Court vide Criminal Appeal No. 1877 of

2023.

5.

Learned counsel for the informant and learned A.G.A