High Court

Hon'ble Nalin Kumar Srivastava,J.

1. These criminal appeals under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellants Nanka and Phool Singh Lodhi against the bail rejection orders dated 4.3.2024 and 25.7.2024 passed by the Special Judge (SC/ST Act), Kaushambi in case crime no.298 of 2023 under Sections 302, 506 I.P.C. and under Sections 3(2)5, 3(2)5ka SC/ST Act, Police Station-Pashchim Sharira, District- Kaushambi.

2. Heard learned counsel for the appellants, learned counsel for the informant, learned AGA and perused the entire record.

3. The prosecution case as unfolded in the FIR is that Naresh Kumar, elder brother of informant Shani Kumar is a tractor driver and had engaged his own tractor in the work of digging the soil of Ram Singh. Five days prior to the incident an altercation took place between Naresh Kumar and Ram Singh in connection with some money transaction and Naresh Kumar was threatened Ram Singh. On 16.12.2023 at about 11.00 pm when Naresh Kumar, Ram Singh and Nanka and other persons were engaged in the work of digging and supply the soil, Nanka Pasi and Ram Singh called Naresh Kumar and committed his murder on some distance from the digging place and subsequently in the late night JCB owner Ram Singh Lodi informed him that his brother Naresh Kumar had been taken to hospital for treatment and when the informant reached the hospital he found the dead body of Naresh Kumar in the vehicle of JCB owner Ram Singh Lodi. The police was informed and named FIR against the present appellants was lodged on 17.12.2023. After investigation charge sheet was submitted under Section 302,506,34 I.P.C. against accused Nanka Pasi and under Section 302, 506, 34 I.P.C. and Section 3(2)V SC/ST Act against accused Phool Singh Lodi.

4. It is submitted by the learned counsel for the appellants that the appellants are innocent and have been falsely implicated in this case. They have not committed the present offence. Alleged offences are not attracted against them. Essential ingredients to establish an offence under SC/ST Act are missing in this case. It is further submitted that accused Nanka Pasi is himself a member of SC/ST community. It is further submitted that there is no eyewitness of the alleged occurrence of murder. It is further submitted that the appellants had absolutely no motive to commit the crime and the motive assigned to them by the prosecution is very weak. The prosecution comes that appellant Nanka Pasi had some money dispute with the deceased whereas accused appellant Phool Singh Lodi is the younger brother of Ram Singh and since the deceased was much dearer to Ram Singh the appellant Phool Singh Lodi had a grudge with the deceased. It is further submitted that maximum the evidence of last seen may be claimed to be collected by the I.O. but the other ingredients to prove a case based on circumstantial evidence are completely lacking in this case. It is also submitted that both the appellants are languishing in jail since 19.12.2023 having no criminal history to their credit. Charge sheet against the appellants had been submitted by the I.O. on flimsy grounds and the bail application was rejected by the learned SC/ST Judge in an arbitrary manner without following the legal norms. The trial Court while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. It is lastly submitted that the impugned order rejecting the bail application of the appellants suffers from infirmity and illegality warranting interference by this Court.

5. On the other hand, learned AGA and learned counsel for the informant vehemently opposed the appeal and bail application moved by the accused appellants and it has been submitted that the appellants committed the present offence having knowledge that the victim belonged to scheduled caste community. There is no infirmity or illegality in the impugned orders dated 4.3.2024 and 25.7.2024. It is further submitted that the charge sheet in this matter has been submitted by the I.O. after collecting reliable and sufficient evidence against the appellants. They have been last seen by the witnesses along with the deceased and after some time in the same night the deceased was found dead. It is further submitted that the dead body of the deceased was kept before the tractor of Ram Singh Lodi and both the appellants made a shout that the deceased had been crushed by the tractor of Ram Singh. It is further submitted that in the post mortem report the cause of death has been found asphyxia due to ante-mortem strangulation and the two injuries were found over his body, one was ligature mark on the neck and the second of contusion of 15 x 10cm present on left chest. It is also submitted that the deceased strangulated with the aid of some gamcha which has been retrieved by the police on the pointing out of the appellants. Blue shirts of the appellants were also retrieved by the police on their pointing out. It is further submitted that the incriminating articles relating to the instant case have been sent to FSL by the I.O. and the report is awaited. It is also submitted that the deceased was a gentle person aged about 25 years and his murder was caused by the appellants and they are not entitled for any mercy of this Court by way of granting them on bail by allowing the present appeal.

6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.

7. It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the trial court has properly considered the case of the appellants while deciding the bail application. Hence, having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, also considering that although it is a case of circumstantial evidence but prima facie the offence is being established against both the appellants and there was no possibility of false implication of the appellants in this case and also keeping in view that Phool Singh Lodi is the real brother of Ram Singh, who had stated against him in his statement given to the I.O. of the case, the Court is of the opinion that the appellants have not made out a case for bail. The Court concerned passed a reasoned order while rejecting the bail application of the appellants. The impugned order does not suffer from infirmity and illegality and the same is liable to be affirmed and the appeal is liable to be dismissed.

8. Accordingly, the impugned order rejecting the bail application of the appellants is affirmed and the appeal is dismissed. Order Date :- 2.4.2025 Fhd

Hon'ble Nalin Kumar Srivastava,J.

1. These criminal appeals under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellants Nanka and Phool Singh Lodhi against the bail rejection orders dated 4.3.2024 and 25.7.2024 passed by the Special Judge (SC/ST Act), Kaushambi in case crime no.298 of 2023 under Sections 302, 506 I.P.C. and under Sections 3(2)5, 3(2)5ka SC/ST Act, Police Station-Pashchim Sharira, District- Kaushambi.

2. Heard learned counsel for the appellants, learned counsel for the informant, learned AGA and perused the entire record.

3. The prosecution case as unfolded in the FIR is that Naresh Kumar, elder brother of informant Shani Kumar is a tractor driver and had engaged his own tractor in the work of digging the soil of Ram Singh. Five days prior to the incident an altercation took place between Naresh Kumar and Ram Singh in connection with some money transaction and Naresh Kumar was threatened Ram Singh. On 16.12.2023 at about 11.00 pm when Naresh Kumar, Ram Singh and Nanka and other persons were engaged in the work of digging and supply the soil, Nanka Pasi and Ram Singh called Naresh Kumar and committed his murder on some distance from the digging place and subsequently in the late night JCB owner Ram Singh Lodi informed him that his brother Naresh Kumar had been taken to hospital for treatment and when the informant reached the hospital he found the dead body of Naresh Kumar in the vehicle of JCB owner Ram Singh Lodi. The police was informed and named FIR against the present appellants was lodged on 17.12.2023. After investigation charge sheet was submitted under Section 302,506,34 I.P.C. against accused Nanka Pasi and under Section 302, 506, 34 I.P.C. and Section 3(2)V SC/ST Act against accused Phool Singh Lodi.

4. It is submitted by the learned counsel for the appellants that the appellants are innocent and have been falsely implicated in this case. They have not committed the present offence. Alleged offences are not attracted against them. Essential ingredients to establish an offence under SC/ST Act are missing in this case. It is further submitted that accused Nanka Pasi is himself a member of SC/ST community. It is further submitted that there is no eyewitness of the alleged occurrence of murder. It is further submitted that the appellants had absolutely no motive to commit the crime and the motive assigned to them by the prosecution is very weak. The prosecution comes that appellant Nanka Pasi had some money dispute with the deceased whereas accused appellant Phool Singh Lodi is the younger brother of Ram Singh and since the deceased was much dearer to Ram Singh the appellant Phool Singh Lodi had a grudge with the deceased. It is further submitted that maximum the evidence of last seen may be claimed to be collected by the I.O. but the other ingredients to prove a case based on circumstantial evidence are completely lacking in this case. It is also submitted that both the appellants are languishing in jail since 19.12.2023 having no criminal history to their credit. Charge sheet against the appellants had been submitted by the I.O. on flimsy grounds and the bail application was rejected by the learned SC/ST Judge in an arbitrary manner without following the legal norms. The trial Court while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. It is lastly submitted that the impugned order rejecting the bail application of the appellants suffers from infirmity and illegality warranting interference by this Court.

5. On the other hand, learned AGA and learned counsel for the informant vehemently opposed the appeal and bail application moved by the accused appellants and it has been submitted that the appellants committed the present offence having knowledge that the victim belonged to scheduled caste community. There is no infirmity or illegality in the impugned orders dated 4.3.2024 and 25.7.2024. It is further submitted that the charge sheet in this matter has been submitted by the I.O. after collecting reliable and sufficient evidence against the appellants. They have been last seen by the witnesses along with the deceased and after some time in the same night the deceased was found dead. It is further submitted that the dead body of the deceased was kept before the tractor of Ram Singh Lodi and both the appellants made a shout that the deceased had been crushed by the tractor of Ram Singh. It is further submitted that in the post mortem report the cause of death has been found asphyxia due to ante-mortem strangulation and the two injuries were found over his body, one was ligature mark on the neck and the second of contusion of 15 x 10cm present on left chest. It is also submitted that the deceased strangulated with the aid of some gamcha which has been retrieved by the police on the pointing out of the appellants. Blue shirts of the appellants were also retrieved by the police on their pointing out. It is further submitted that the incriminating articles relating to the instant case have been sent to FSL by the I.O. and the report is awaited. It is also submitted that the deceased was a gentle person aged about 25 years and his murder was caused by the appellants and they are not entitled for any mercy of this Court by way of granting them on bail by allowing the present appeal.

6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.

7. It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the trial court has properly considered the case of the appellants while deciding the bail application. Hence, having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, also considering that although it is a case of circumstantial evidence but prima facie the offence is being established against both the appellants and there was no possibility of false implication of the appellants in this case and also keeping in view that Phool Singh Lodi is the real brother of Ram Singh, who had stated against him in his statement given to the I.O. of the case, the Court is of the opinion that the appellants have not made out a case for bail. The Court concerned passed a reasoned order while rejecting the bail application of the appellants. The impugned order does not suffer from infirmity and illegality and the same is liable to be affirmed and the appeal is liable to be dismissed.

8. Accordingly, the impugned order rejecting the bail application of the appellants is affirmed and the appeal is dismissed. Order Date :- 2.4.2025 Fhd