Radhe Shyam Singh and Another vs State of U.P. Thru. Secy. Home Lko. and 2 Others

Instant criminal appeal under Section 14-A(1) of S.C./S.T. Act has been preferred against the impugned Charge Sheet No. 949 of 2009 dated 22.05.2008 and Non Bailable Warrant dated 26.07.2017 passed by learned Special Judge S.C./S.T. Act, Pratapgarh in S.T. No.220 of 2011 "State versus Ram Singh and two others", arising out of Case Crime No.289A of 2007, under Section 34, 323, 504, 506 and Section 3(2)(v) S.C./S.T. Act Police Station Aaspur Dewsara, District Pratapgarh, due to non presence of the appellants.

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Learned counsel for the appellants submitted that in the present case, initially an NCR was lodged at the instance of Acche Lal, the father of the deceased Shambhu, on 18.11.2007 at P.S. concerned, which was registered under Sections 323, 504, 506, 147, 302 IPC and Section 3(2) S.C./S.T. Act with the allegation that on 15.11.2007 at around 05:30 p.m., his son was coming home riding a motorcycle. Devanand Giri was coming while loading fodder on his bicycle. The fodder loaded on Devanand's bicycle collided with the motorcycle driven by Shambhu, due to which the accused, Radhey Shyam Singh, Kailash, Vijendra Singh and Ram Singh reached there, wielding lathis and dandas and they assaulted his son, due to which he fell down. Hearing his screams, the informant

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CRLA No. 1190 of 2026

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and his family members reached there, whereupon the accused persons left, while hurling abuses and threats. He admitted his son at DRS Hospital, Allahabad.

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He next submitted that on the same day in the evening, the wife of Shambhu filed a written report at the P.S. concerned on which her thumb impression was appended, in which it is stated that she had not seen the occurrence at the time of the incident. One Rangila was pillion rider of the motorcycle driven by her husband, a person whom she knew as Gosai was moving with piles of arhar who collided with the motorcycle of her husband. The accused persons assaulted, abused and insulted her husband with caste indicative words.

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He further submitted that the written statement filed by the wife of the deceased Shambhu was given at the behest of the Gram Pradhan wherein she stated that her husband died on the way to Allahabad for treatment on the same day.

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He further submitted that the police submitted a charge sheet under Sections 34, 304, 323, 504, 506 IPC and Section 3(2)(v) S.C./S.T. Act after investigating in the case along with the co-accused Ram Singh. The appellants were released on bail for the aforesaid offences during the investigation of the case by the learned trial court. He went to earn his livelihood and lost contact with his husband during the passage of time, due to which an NBW was issued against him on 26.07.2017, which has been assailed in the present revision.

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Per contra, learned A.G.A. submitted that the appellants are absconder and the criminal revision against the issuance of the NBW is not maintainable, as such, because this is an interlocutory order.

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I find force in the submissions made by learned counsel for the appellants and it is directed that in terms of the prayer made by the appellants that in case the appellants appear before the trial court and move an application for fresh bail within a month, the same shall be heard and disposed of in accordance with law and if on record it is found that the appellants were earlier released on bail for alleged offences, their prayer for the enlargement on fresh bail bonds shall be considered in

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accordance with the law; for a period of one month or until the appearance of the appellants before the court, whichever is earlier. The NBW shall remain in abeyance.

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With the above observation, the present appeal is dismissed .

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(Ram Manohar Narayan Mishra,J.)

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April 27, 2026

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Mohd. Sharif

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

Radhe Shyam Singh and Another v. State of U.P. Thru. Secy. Home Lko. and 2 Others

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Radhe Shyam Singh and Another v. State of U.P. Thru. Secy. Home Lko. and 2 Others

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