Dismissed

Nandu Yadav @ Narayan Yadav v. State of U.P. and Another

Allahabad HC9 Sept 2024CRLA/6177/2024

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Dismissed

Nandu Yadav @ Narayan Yadav vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:146394

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 6177 of 2024

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Appellant :- Nandu Yadav @ Narayan Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Lal Bahadur Yadav Counsel for Respondent :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Sri S K Ojha, learned AGA for the State submitted that service of notice upon the informant is sufficient.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the appellant learned AGA for the State and perused the material available on record.

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Present criminal appeal is preferred against the bail rejection order dated 29.5.2024 passed by learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, Jaunpur in Bail Application No.1678 of 2024 (Nandu Yadav @ Narayan Yadav vs. State of UP) in Case Crime No.237 of 2022 under Sections 302/34 of IPC and 3 (2) V of SC/ST Act, Police Station Kerakat, District Jaunpur. In respect of the same crime number, earlier two criminal appeals filed on behalf of the appellant, challenging the bail rejection orders, were dismissed on merit by this court, vide order dated 26.10.2023 passed in Criminal Appeal No.7982 of 2022 and by a coordinate Bench of this Court, vide order dated 8.4.2024 passed in Criminal Appeal No.2751 of 2024.

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It is submitted by learned counsel for the appellant that during trial (PW-1) Munna @ Manikraj has been examined and has been declared hostile, while (PW-2) Ranjit has also been examined and he also did not support the version of the prosecution. It is further submitted that there are material contradictions in the FIR and the statements of the informant as well as the witnesses. There is no motive on the part of the appellant to commit such crime. No offence under Section 302 read with Section 34 of IPC is made out against the appellant. The appellant is innocent and has been falsely implicated in the present case due to ulterior motive. It is also submitted that the appellant is languishing in jail since 4.7.2022, having no criminal history. In case, he is released on bail, he will not misuse the liberty of bail and shall cooperate in

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the trial.

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Per contra, learned AGA vehemently opposed the prayer for bail and submitted that the appellant was having illicit relation with the deceased. He had taken away the deceased with him from her house. The appellant is the main accused. It has been further argued that as of now, dead body of the deceased is not recovered. It has also been argued that the entire arguments, which have been advanced on behalf of the appellant in the present criminal appeal, have already been considered in the earlier two criminal appeals.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature and gravity of offence as well as the nature of allegations levelled against the appellant, and all attending facts and circumstances of the case, I am of the opinion that no case is made out to grant bail to the appellant.

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Accordingly, this criminal appeal is dismissed .

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However, the trial court is directed to expedite the trial and conclude it expeditiously.

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Order Date :- 9.9.2024 RKK/-

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Digitally signed by :- RAJ KUMAR KANNAUJIA High Court of Judicature at Allahabad

Nandu Yadav @ Narayan Yadav v. State of U.P. and Another

What the court decided

Nandu Yadav @ Narayan Yadav v. State of U.P. and Another

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