Dismissed

Shubham Sachan @ Shambhu v. State of U.P. and Another

Allahabad HC8 Jul 2024CRLA/2566/2024

Case brief

AI extract

What is this about?

Criminal Appeal against the rejection of bail in a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and IPC. The High Court affirmed the trial court's order rejecting bail, observing that it had properly considered the case. However, the Court directed the trial court to record the statements of specific witnesses within four months.

What did the court decide?

Trial court directed to record statement of witness Ajay and Sushil within four months.

Shubham Sachan @ Shambhu vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:147445

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 2566 of 2024

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Appellant :- Shubham Sachan @ Shambhu Respondent :- State of U.P. and Another Counsel for Appellant :- Jitendra Pratap Gautam,Ravindra Yadav,Tribhuwan Singh Counsel for Respondent :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Supplementary affidavit filed by learned counsel for the appellant is taken on record.

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List has been revised. Despite service of notice upon the opposite party no.2, no one appears on his behalf.

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Heard learned counsel for the appellant, learned AGA for opposite party no.1 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 to set aside the impugned order dated 01.03.2024 whereby the Special Judge, SC/ST Act, Kanpur Dehat has rejected the bail application of the appellant moved by him in Case Crime No. 414 of 2022, under Sections 304 of IPC, and Section 3(2)5 of SC/ST Act, Police Station Ghatampur, District Kanpur Nagar.

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Learned counsel for the appellant has submitted that appellant is innocent and has falsely been implicated in this case. The direction given by this Court vide order dated 26.09.2023 passed in earlier Criminal Appeal No. 8120 of 2023 that the statement of informant and eye witnesses namely Ajay and Sushil be recorded within four months, is not complied by the trial Court. Appellant is languishing in jail since 23.07.2022. Applicant has criminal history of one case to his credit which is already explained in the appeal. In case, the appellant is released on bail, he will not misuse the liberty of bail.

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Per contra, Sri Vijay Kuamr, learned A.G.A. has vehemently opposed the prayer for grant of bail to the appellant and submitted that the order of this Court containing the direction to record the

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statement of witnesses Ajay and Sushil was not filed before the trial Court, therefore, the order could not complied with.

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It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the court below has properly considered the case of the appellant. Hence, in view of above consideration, the order of rejection of bail passed by the court below dated 01.03.2024 is affirmed.

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Having considered the submissions of the parties noted above, finding no force in the submissions made by the learned counsel for the appellant; without expressing any opinion on the merits of the case, the Court is of the opinion that the appellant is not entitled to be enlarged on bail and the appeal deserves to be dismissed.

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The criminal appeal is dismissed.

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The trial Court is directed to record the statement of informant and eye witnesses Ajay and Sushil within a period of four months from the date fixed in the matter.

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Registrar (Compliance) is directed communicate this order to the court concerned forthwith.

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Order Date :- 10.9.2024 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Shubham Sachan @ Shambhu v. State of U.P. and Another

Case brief

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Shubham Sachan @ Shambhu v. State of U.P. and Another

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