Dismissed

Deepak Singh Chauhan v. State of U.P. and Another

State vs Deepak Singh Chauhan – Criminal Appeal (SC/ST Act)

Allahabad HC18 Jul 2024CRLA/2865/2024

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What is this about?

The High Court dismissed this criminal appeal filed under Section 14-A of SC/ST Act by the appellant against an order rejecting his bail application in a murder and punishable under SC/ST Act case. The court found no merit in the appeal as the evidence supported the prosecution version.

What did the court decide?

Criminal Appeal dismissed; Bail application rejection stands. Order date 30.8.2024.

Deepak Singh Chauhan vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:140177

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Court No. - 82

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Case :- CRIMINAL APPEAL No. - 2865 of 2024

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Appellant :- Deepak Singh Chauhan Respondent :- State of U.P. and Another Counsel for Appellant :- Arpit Srivastava,Manish Kumar Singh Counsel for Respondent :- Dharmendra Pratap Singh,G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the appellant, learned counsel for the opposite party no.2 and perused the record.

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Present criminal appeal has been filed under Section 14-A of SC/ST Act by the appellant against the impugned order dated 30.10.2023 passed by learned Additional District and Session Judge, Court No. 2/Special Judge SC/ST Act, Kanpur Dehat in Criminal Misc. Bail Application No. 3800 of 2023 (Deepak Singh Chauhan Versus State of U.P.) arising out of Case Crime No. 210 of 2023 rejecting the bail application of the appellant under Sections 302, 201, 405 I.P.C. and Section 3(2)V SC/ST Act, Police Station Mangalpur, District Kanpur Dehat.

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It is submitted by the learned counsel for the appellant that in this case, the appellant has not committed any offence and nothing has been recovered from the possession of the appellant at his instance. The dead body is said to be recovered from the house of the present appellant is not correct, but that house was abandoned, therefore, the appellant was not known to the fact of present dead body in the house. There is no any eye witness said to be present at the place of occurrence, who is said to have seen the incident, but whole prosecution version is concocted. It is also submitted that Chappal and other items belonging to the deceased were found at the field and his Pant was found to be thrown beside the tank. The first information report was also lodged after delay of two days of missing of the deceased from his house, therefore, request to release the appellant on bail. The appellant is in jail since 18.07.2023 having no criminal antecedent.

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Learned A.G.A. as well as learned counsel for the opposite party no.2 opposed the prayer as aforesaid and contended that the name of present appellant was disclosed in the first information report by the informant and there was clear allegations against him that he

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committed murder of the deceased with sharp edged weapon, lathi and stick and hid the dead body in his house for the purpose of concealing the fact. It is also contended that on information, police party came at the spot and dead body was recovered from the house of the appellant, which was locked from out side. The lock was broken and inside the room, there was dead body of the deceased. Videography was also done at the time of recovery of the dead body, therefore, it cannot be said that it was recovered from the abandoned house, so, appellant cannot be said to be innocent and not caused injury on the person of the deceased, as a result he died.

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On considering the facts and circumstances of the case, submissions made by the learned counsel for the appellant, learned A.G.A for the State as well as learned counsel for the opposite party no.2, perusal of record, the recovery of dead body from the house of the appellant and the injury on the person of the deceased, there appears no ground for bail in favour of appellant. There appears no any error in the order passed by the learned Additional District and Session Judge, Court No. 2/Special Judge SC/ST Act, Kanpur Dehat in rejecting the bail application of the appellant.

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This appeal being devoid of merit and is hereby dismissed .

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Order Date :- 30.8.2024 T.S.

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Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad

Deepak Singh Chauhan v. State of U.P. and Another

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Deepak Singh Chauhan v. State of U.P. and Another

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