1

Neutral Citation No. - 2023:AHC:109346

Reserved On:- 03.05.2023

Delivered On:- 18.05.2023

Case :- CRIMINAL APPEAL No. - 2126 of 2023

Appellant :- Shivmani Bindu @ 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

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 the appellant and seven co-accused

persons. 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 appellant 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, the appellant, Shiv Mani Bind, 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, Ram Mani Bind, Aditya Singh alias Golu Singh and Barai, were

recorded. Thereafter, the accused named in the FIR were exonerated

except the appellant, Shiv Mani Bind and Ram 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 13.11.2022 and has no criminal history to his credit. Co-

3

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 appeal of the appellant. In the case diary the

confes