1

Neutral Citation No. - 2023:AHC:109346

Reserved On:- 03.05.2023

Delivered On:- 18.05.2023

Case :- CRIMINAL APPEAL No. - 2310 of 2023

Appellant :- Ram Mani 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 Dr. S.B. Singh, learned counsel for the appellant; Shri Chadra

Shekhar Kushwaha holding brief of Shri Desh Raj Kushwaha, learned

counsel for the opposite party no. 2 and learned A.G.A.

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 06.02.2023 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

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

2

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 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, Shivmani Bindu @ Bind and driven by

appellant, 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,

appellant, Ram Mani Bind, Anil Kumar 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, Aditya

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

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

Ram Mani Bind and Shiv Mani Bind, Barai, Aditya Singh alias Golu

Singh were implicated as accused. Anil Kumar and Raju Bind, were 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

him to implicate him in this case. He is in jail since 15.11.2022 and has no

3

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 have

vehemently opposed the appea