1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL

APPEAL No(s). OF 2021

(Arising out of SLP (Crl.) No. 1408 of 2021)

UDAI BHAN Appellant(s)

VERSUS

THE STATE OF UTTAR PRADESH Respondent(s)

O R D E R

Heard learned counsel for the parties.

Leave granted.

This Appeal arises out of the judgment of the

Allahabad High Court in Asharfi & Anr. vs. State of

U.P. in Criminal Appeal NO.8270 of 2007 dated

29.01.2013 in and by which the High Court affirmed

the conviction and sentence of the appellant and the

other co-accused as awarded by the trial court.

The Trial Court vide its judgment dated

30.11.2007 had convicted the appellant alongwith

another co-accused for the offences punishable under

Sections 450, 376(2)(g) and 323 r/w 34 of the Indian

Penal Code, 1860 (in short “the IPC”) and under

Section 3(2)(v) of the Scheduled Castes and the

Digitally signed by

Neelam Gulati

Date: 2021.11.18

16:21:08 IST

Reason:

Signature Not Verified

2

Schedules Tribes (Prevention of Atrocities) Act,

1989 (for short “the SC/ST Prevention of Atrocities

Act”).

It is submitted on behalf of the appellant-

Udai Bhan that this Court vide its judgment dated

8^th December, 2017 in Crl. Appeal No. 1182 of 2015

entitled Asharfi vs. State of Uttar Pradesh, set

aside the conviction and the sentence of life

imprisonment imposed upon the appellant therein i.e.

co-accused- Asharfi under Section 3(2)(v) of the

SC/ST Prevention of Atrocities Act, 1989 and

accordingly partly allowed the appeal of the co-

accused. However, the conviction and sentence of

the appellant therein i.e. co-accused under Section

376(2)(g) IPC and also for the other offences

imposed upon him were confirmed.

It is not in dispute that the present case

also requires to be partly allowed in the light of

the judgment passed by this Court in Crl. Appeal No.

1182 of 2015 entitled Asharfi vs. State of Uttar

Pradesh, on 8^th December, 2017, on the same terms.

Ordered accordingly.

3

It is submitted at the Bar that the appellant

had already undergone more than 25 years of

imprisonment. In view of above, we direct the

release of the appellant - Udai Bhan forthwith, if

not already released, unless he is required in any

other case.

The appeal is partly allowed to the extent

indicated above.

Pending applications, if any, shall also stand

disposed of.

.........................J.

(S. ABDUL NAZEER)

.........................J.

(KRISHNA MURARI)

NEW DELHI

NOVEMBER 16, 2021

4

ITEM NO.11 COURT NO.7 SECTION II

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 1408/2021

(Arising out of impugned final judgment and order dated 29-01-2013

in CRLA No. 8270/2007 passed by the High Court of Judicature at

Allahabad)

UDAI BHAN Petitioner(s)

VERSUS

THE STATE OF UTTAR PRADESH Respondent(s)

(FOR ADMISSION and I.R. IA No.133749/2020-EXEMPTION FROM FILING

O.T.

IA No. 133749/2020 - EXEMPTION FROM FILING O.T.)

Date : 16-11-2021 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE S. ABDUL NAZEER

HON'BLE MR. JUSTICE KRISHNA MURARI

For Petitioner(s) Ms. Minakshi Vij, AOR

For Respondent(s)

Ms. Ruchira Goel, AOR

Mr. Abhinav Agrawal,Adv.

UPON hearing the counsel the Court made the following

O R D E R

The appeal is partly allowed in terms of the signed

order.

Pending applications, if any, also stand disposed of.

(NEELAM GULATI) (KAMLESH RAWAT)

ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

(Signed order is placed on the f