Dismissed

Ravindra Kumar Bind v. State of U.P. and Another

Allahabad HC19 May 2023CRLA/701/2023

Case brief

AI extract

What is this about?

In this criminal appeal, the Allahabad High Court dismissed the plea against the Special Judge's bail order. The Court held the appellant was not a fit case for bail due to the severe nature of the charges (murder under IPC 302), specific motive arising from a financial dispute, and the contentions raised by the State officials and respondent counsel.

What did the court decide?

The criminal appeal was dismissed and the impugned bail order of the court below was affirmed.

Ravindra Kumar Bind Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:110269 Reserved on 9.5.2023 Delivered on 19.5.2023

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Case :- CRIMINAL APPEAL No. - 701 of 2023

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Appellant :- Ravindra Kumar Bind Respondent :- State of U.P. and Another Counsel for Appellant :- Pradeep Kumar,Kalp Dev Mishra Counsel for Respondent :- G.A.,Anil Kumar,Navneet Kumar Mishra

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Hon'ble Siddharth,J.

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Heard Sri Kalp Dev Mishra, learned counsel for the appellant; learned AGA for opposite party no.1; Sri Anil Kumar and Sri Navneet Kumar Mishra, learned counsel for opposite party no.2 and perused the material placed on record.

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The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant, Ravindra Kumar Bind, to set aside the impugned order dated 04.1.2023 whereby the Special Judge, SC/ST Act, Ghazipur, has granted the bail application of the appellant moved by him in Case Crime No. 203 of 2022, under Sections 302 IPC and 3(2)(5), Police Station Shadiabad, District Ghazipur.

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There is allegation in the FIR that on 19.9.2022 at about 6:00 p.m. someone called husband of informant, Shivcharan, on phone to meet to him on a particular place and he left for that place saying that he will return and have dinner at home, but he did not returned. In the morning his dead body was recovered by the morning walkers. It was alleged that earlier the named accused, Dr. Ramesh Kumar Bind, owner of Aradhya Nursing Home, had abducted the deceased and kept him in wrongful confinement after giving him injection. He had ran away from there leaving his mobile phone behind. It was alleged that the informant has suspicion against the aforesaid doctor, Ramesh Kumar Bind, of committing the murder of her husband.

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Learned counsel for the appellant has submitted that from the statements of witnesses recorded by the Investigating Officer, it transpires that appellant had given Rs.1.5 lacs to the deceased for providing job, but the deceased was not returning the money. It is alleged that on the fateful day, the appellant and co-accused took the deceased to the place of incident, where the appellant

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caused injury on his head by danda and then all the accused persons threw his dead body behind the road. Co-accused, Ramesh Kumar Bind, has already been enlarged on bail by this Court in Criminal Appeal No. 650 of 2023 on 24.4.2023.

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learned A.G.A. and learned counsel for opposite party no.2 have supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the appellant. Learned counsel for opposite party no.2 has submitted that the motive of committing the crime was found against the appellant since the deceased had taken money from him for providing job and he was not returning the same. The grant of bail to co-accused, Ramesh Kumar Bind will not help the appellant since his role is different and there is motive for him to commit the alleged offence.

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After hearing rival contentions, this Court finds force in the submissions of the AGA and counsel for opposite party no.2. It is not a fit case for enlarging the appellant on bail at this stage.

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This criminal appeal is dismissed and the order of the court below is affirmed.

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The court below is directed to conclude the trial against the appellant, as expeditiously as possible, preferably within a period of one year.

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The Registrar (Compliance) of this Court is directed to communicate this order to the court concerned within 10 days.

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Order Date :- 19 .5.2023 Ruchi Agrahari

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2 of 2

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Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Ravindra Kumar Bind v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ravindra Kumar Bind v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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