Allowed

Ram Singh @ Nanku Chauhan v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC2 Jan 2024/1009/2023

Case brief

AI extract

What is this about?

In CRIMINAL APPEAL No. 1009 of 2023, the Allahabad HC High Court set aside an order denying bail to Ram Singh @ Nanku Chauhan, implicating him in an IPC 304/SC/ST Act case. The High Court held that the trial court failed to adequately consider the prosecution's account of skirmishes leading to the victim's death and the appellant's lack of criminal antecedent, granting him bail on personal bond an

What did the court decide?

The impugned order dated 23.03.2023 is set aside and the appellant Ram Singh @ Nanku Chauhan is released on bail with personal bond and two sureties.

Ram Singh @ Nanku Chauhan Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:136

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 1009 of 2023

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Appellant :- Ram Singh @ Nanku Chauhan Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another

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Counsel for Appellant :- Suman Pandey,Arun Kumar Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.

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The present appeal has been filed for quashing the impugned order dated 23.03.2023 passed by learned Special Judge, SC/ST Act, Gonda in application no. 607 of 2023 (Ram Singh @ Nanku Chauhan vs. State of U.P.) arising out of Case Crime No. 62 of 2023 U/s 304 I.P.C. and Section 3(2)(5) of SC/ST Act, Police Station- Nawabganj, District- Gonda.

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It is evident from the record that notice has already been served upon private respondent, however, none appears on his behalf. Therefore, the matter is being proceeded for final disposal.

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Learned counsel for the appellant submits that appellant was falsely implicated in the present case. As per the prosecution case, some labour charges were due on appellant in lieu of the work done by deceased. On the date of incident after seeing the appellant, deceased came to him and started demanding the said due amount, as a result, some skirmishes was taken place between them due to which deceased fell down and received internal injury, thereafter, he was brought to hospital. It is further submitted that there was no intention of causing any injury to deceased as it is admitted case of the prosecution that some skirmishes was taken place. It is further submitted that appellant does not have any criminal antecedent and he is in jail since 07.02.2023. It is also submitted that learned trial court failed to consider the prosecution story as well as defense of appellant, therefore, the impugned order is liable to be set aside and appellant may be enlarged on bail.

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Learned A.G.A. opposes the prayer of appellant and submits that as the due amount was demanded by deceased from appellant, in this regard, deceased was pushed then he fell down

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and received internal injury, later on, he died.

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Considering the submissions of learned counsel for the appellant, learned A.G.A. and going through the contents of appeal as well as other relevant documents; it is evident that it is a case of prosecution that some skirmishes was taken place, in that regard, appellant pushed deceased, as a result, deceased received some internal injury, later on, he died. In such circumstances, this Court is of the view that learned trial court failed to consider the aforesaid aspects, hence, the aforesaid impugned order is liable to be set aside and appellant is entitled to be released on bail.

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Resultantly, in the above facts and circumstances of the case, the trial of the case is not likely to be concluded in near future, hence, the present appeal has substance, and it is accordingly allowed , and the impugned order dated 23.03.2023 passed by learned Special Judge, SC/ST Act, Gonda is hereby set aside.

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Let the appellant- Ram Singh @ Nanku Chauhan involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-

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The appellant will not tamper with the evidence.

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The appellant will not indulge in any criminal activity.

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The appellant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The appellant will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.

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Order Date :- 2.1.2024 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Ram Singh @ Nanku Chauhan v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

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Ram Singh @ Nanku Chauhan v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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