Akash Giri Vs State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:5115

Court No. - 14

Case :- CRIMINAL APPEAL No. - 180 of 2025

Appellant :- Akash Giri Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Suyesh Pradhan Counsel for Respondent :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Sri Manish Baranwal, learned counsel for the complainant appeared and filed vakalatnama which is taken on record.

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Heard learned counsel for the appellant as well as learned counsel for the complainant alongwith learned A.G.A. for the State.

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The present criminal appeal u/s 14A (2) SC/ST (Prevention of Atrocities) Act, 1989 and that to set aside/quash the impugned order dated 06.01.2025 passed by learned court of Additional District & Sessions Judge/Special Judge (SC/ST Act), Lakhimpur Kheri dismissed/refused to grant anticipatory bail in Case Crime No.336/2024, under Sections 420, 467, 468, 471, 427, 504, 506 I.P.C. and under Sections 3(1)(Da), 3(1)(Dha) & 3(2)(V) of the SC/ST (Prevention of Atrocities) Act, 1989 (Amendment, 2015), Police Station Bhira, District Lakhimpur Kheri in Anticipatory Bail Application No.01/2025 (Akash Giri Vs. State of Uttar Pradesh. Further prayer has been made to release the appellant on anticipatory bail during the pendency of this criminal appeal.

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It is submitted by learned counsel for the appellant that he is pradhan pati and no allegation regarding the words relating to SC/ST caste were used by him against the informant. It is also submitted that the beneficiaries of the land in dispute are in jail. The certificate said to be forged regarding date of death of the informant was not issued by the appellant but it was by lekhpal Gopal Singh Rana. No specific place has been mentioned in the F.I.R. where incident of abuse took place, therefore, no prima facie case under SC/ST Act is made out and the bar as provided u/s 18 of the aforesaid Act is not attracted.

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Learned A.G.A. as well as learned counsel for the informant opposed the prayer as aforesaid and contended that in this case the appellant with other co-accused persons prepared false

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death certificate of the informant while he was alive and got the land entered in favour of accused persons and even the loan was also got sanctioned from the bank. When this fact came into the knowledge of the informant and he complained about it, he was insulted and abused by the appellant and other co-accused persons. During investigation the statements of the informant and other witnesses were recorded by the I.O. in which it was found that such words relating to his caste were used by the appellant and other co-accused persons. In this way, provisions of S.C./S.T. Act will also attract and prima facie case is made out. On account of bar provided under Section 18 S.C./S.T. Act, anticipatory bail cannot be said to be maintainable, therefore, order passed by learned Special Judge is not liable to be set aside.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the appellant as well as learned A.G.A. and perusal of record, since words relating to the caste of the informant were used while abusing the informant by the appellant and other co-accused persons, therefore, provisions under S.C./S.T. Act are attracted in the present case. Since, Section 18 of the Act bars the maintainability of anticipatory bail under Section 438 Cr.P.C., there appears no ground to grant anticipatory bail in favour of the appellant. Hence, the order dated 06.01.2025 passed by learned Special Judge does not warrant interference by this Court.

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Accordingly, the present criminal appeal is dismissed.

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As per submission made by learned counsel for the appellant, it is directed that in case, the appellant appears and moves bail application before the learned court concerned within a period of 30 days from today, it will be heard and decided expeditiously as far as possible in the light of case decided by Hon'ble the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022.

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Order Date :- 27.1.2025 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Akash Giri v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

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Akash Giri v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

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