Dr. Shiv Shankar Vs State of U.P. and Another

Neutral Citation No. - 2023:AHC:184177

Court No. - 85

Case :- CRIMINAL APPEAL No. - 7179 of 2023

Appellant :- Dr. Shiv Shankar Respondent :- State of U.P. and Another Counsel for Appellant :- Satya Priya Mishra Counsel for Respondent :- G.A.,Om Prakash Singh,Ram Chandra Solanki

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Hon'ble Mayank Kumar Jain,J.

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Compliance affidavit filed by learned A.G.A. is taken on record. Heard learned counsel for the appellant, Sri Sanjay Yadav holding brief of Sri Ram Chandra Solanki, learned counsel for the informant /opposite party no.2, learned Additional Government Advocate for the State of U.P. and perused the record.

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This criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 01.07.2023 passed by learned Additional Sessions Judge/ Special Judge (SC/ST Act), Gorakhpur in Bail Application No. 3732 of 2019, arising out of Case Crime No.325 of 2019, under Sections 420, 406, 352, 504, 506 I.P.C. and 3 (1) r and 3 of SC/ST Act, Police Station Khorabar, District Gorakhpur.

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As per the version of prosecution, appellant asked the informant to give Rs. 3 lakh to provide job to his son. Pursuant to it, the informant gave Rs. 1,95,000/- on different dates to the appellant. Thereafter, appellant given assurance to the informant and shown a paper on which government of U.P. was printed and names of selected candidates were written. When son of the informant did not get appointment letter, informant made complaint to the appellant and asked him to return his money. On 09.01.2017, a

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document was executed by the appellant for security of money. On 01.04.2018 at around 5 pm, when informant went to the clinic of the appellant and asked him to return the aforesaid money, he abused him by addressing his caste related words and also threatened him.

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It is submitted by the learned counsel for the appellant that appellant is innocent and he has been falsely implicated in the present case. It is further submitted that F.I.R. has been lodged by way of an application under Section 156 (3) Cr.P.C. It is further submitted that as per the allegation of F.I.R. informant had given Rs. 1,95,000/- to the appellant but the mode by which the aforesaid money was given, is not described. The document dated 09.01.2017 filed by the prosecution through counter affidavit does not bear any signature. Therefore, this document has no relevancy. It is also submitted that no date, time and place is mentioned in the aforesaid document that when it was given by the informant to the appellant. The appellant is languishing in jail since 01.07.2023 having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

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Per contra, learned A.G.A. assisted by learned counsel for the informant vehemently opposed the prayer for bail contending that on 09.01.2017, the appellant executed a document in favour of the informant in which he made acknowledgment that he has received Rs. 1,95,000/- from the informant. Witnesses Jivlal and son of the informant had given statement under Section 161 Cr.P.C. that appellant had received Rs. 1,95,000/ from the informant and when informant asked him to return his money, appellant abused him by addressing his caste related words and also threatened him . Hence, the appeal is liable to be dismissed.

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Having regard to the facts and circumstances of the case, submissions of learned counsel for the parties and and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment,, I do not find it fit case for bail.

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Since the trial court has passed the impugned order after appreciating the evidence available on record, there is no occasion to interfere with the finding of fact recorded by the trial court, hence, the present criminal appeal lacks merit and deserves to be dismissed.

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Accordingly, the criminal appeal is dismissed.

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Order Date :- 22.9.2023 AKT

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Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

Dr. Shiv Shankar v. State of U.P. and Another

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Dr. Shiv Shankar v. State of U.P. and Another

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