Court No. - 67

Case :- CRIMINAL APPEAL No. - 3446 of 2020

Appellant :- Javed Khan

Respondent :- State of U.P.

Counsel for Appellant :- Faizan Siddiqui

Counsel for Respondent :- G.A.

&

Case :- CRIMINAL APPEAL No. - 3387 of 2020

Appellant :- Anmol Singh

Respondent :- State Of U.P. And Another

Counsel for Appellant :- Rajesh Kumar Roy Sharma,Amit Daga,Mukesh

Kumar Pandey,Tanisha Jahangir Monir,Vikram Sinha,Zia Uddin Ahmad

Counsel for Respondent :- G.A.

Hon'ble Rahul Chaturvedi,J.

Heard Sri V.P.Srivastava, learned Senior Advocate assisted by Sri Faizan

Siddhiqui, Amit Daga, learned counsel for the appellant, Sri Ghanshyam

Kumar, Satendra Nath Singh, Advocates assisted by Faraz Kazmi, learned

counsel for the State and perused the record.

Office report dated dated 08.01.2021 and 29.01.2021 indicate that relying

upon the report of CJM, Allahabad shows that the notices were duly

served upon opposite party no. 2 but opposite party no.2 neither engage

any counsel nor any counter affidavit has been filed on his behalf.

With the aid and help of learned AGA, the court is proposing to decide

both the appeal by a common order.

Pleadings between the parties have been exchanged and the matter is ripe

for final submission.

Since the aforesaid criminal appeals are arising from the same case crime

number, thus for the sake of brevity both these appeals are decided by one

and common judgement.

This criminal appeal under Section 14 A (2) of Scheduled Castes &

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T.

Act") has been filed for setting-aside the bail rejection order dated

22.10.2020 passed by Additional Sessions Judge/Special Judge, SC/ST

Act, Prayagraj in Bail Application No.4191 of 2020 (Javed Khan Vs. State

of U.P.) and Bail Application No. 3948 of 2020 (Anmol Singh Vs. State of

U.P) in Case Crime no. 808 of 2020, under Sections 306 I.P.C. and Section

3(2)(V) of SC/ST Act, Police Station-Naini, District-Prayagraj.

The genesis of both the appeal arise from the same FIR registered as case

crime no. 808 of 2020, P.S. Naini, District Prayagraj registered by Sri

Sharda Prasad under Section 306 IPC and Section 3(2)(V) SC/ST Act on

19.08.2020 for the incident said to have been taken place on 13.08.2020

against as many as nine named accused persons. It is contended by the

counsel that after investigation the police has submitted the final report

with regard to Anil Pandey, Sarfaraz, Raju, Bhola Tiwari, Golu, Sandeep

and Sadiq Siddhiui. This appeal is being preferred by remaining two

named accused persons i.e. Javed Khan and Anmol. From the text of the

FIR, it is clear that deceased Vivek Prasad have committed suicide on

13.08.2020 by locking himself inside the room. It is alleged that certain

persons of checkered history were mentally exploiting the deceased and

extending threats to him. On this account, the deceased was quite

horrified and eventually he has taken this insane step of self distruction.

From the later part of the FIR it has come to the light, that the deceased

has taken certain amount of money from the appellants and they were

insisting the deceased to pay back the amount and it is just possible that

they must have done some excess for the said purpose. After committing

suicide the police has recovered the suicide note from the place of

occurrence, which is written in roman. The suicide note is quoted herein

below:-

"Papa, mai bahut takleef me tha, but aap log samajh hi nahi paye aur

samajhte bhi kya maine kabhi jahir hi nahi hone diya kisi ko ki mai kitne

dipression me hu isiliye mujhe maff kar dijiyga agar ho sake to kyoki mai

aapka acha beta nahi ban saka aur mai aap logo ke layak bhi nahin hu

isiliye ja raha hu apna khud ka swarth dekhte huye mai aap logo se bahut

pyar karta tha mai jeena chahta tha marna nahi chahta tha aap logon ke

liye kuch karna chahta tha magar humse ho nahi paya isliye maaf kr

dijiyega mera jaane ke baad bahut log khushiya manyenge aap dekhna