BACHOL DEVI AND ANOTHER v. STATE OF U.P. AND ANOTHER
CRLA/4733/2025 · 2025-09-14
Shekhar Kumar Yadav
Criminal Appealbody2025
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[ 2025 DAILYLAW 62729 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 62729 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4733 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J.
1. Heard learned counsel for the appellants and learned A.G.A. for the State and perused the record. Learned counsel for the opposite party no. 2 is also present. 2. This criminal appeal has been filed by the learned counsel for the appellants under Section 14-A (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the impugned order dated 05.05.2025 passed by Special Judge, SC/ST (P.A.) Act, Fatehpur, in Bail Application No. 678 of 2025, arising out of Case Crime No. 60 of 2025, under Sections 191(2), 191(3), 103(1), 353, 3(5) of BNS and Section 3(2)(5) of SC/ST Act, P.S. Ghazipur, District Fatehpur. 3. As per prosecution case, the victim Beenu, a physically disabled person belonging to the Scheduled Caste community, was called on 07.04.2025 in the night to the house of accused Satendra Vishwakarma by his daughter Roli. It is alleged that Satendra, his wife Bachol Devi, daughter Roli, son Ajay, daughter-in-law Sunita, Pankaj (brother-in-law of Ajay), along with two unknown persons, assaulted the victim with sticks and an iron rod, hurled caste-based derogatory abuses, and even pulled out his fingernails. The victim sustained multiple grievous injuries, collapsed on the spot, and was taken to CHC Ghazipur hospital where he was declared dead. Post- mortem examination revealed as many as 21 injuries and opined cause of death as coma due to head injury. Versus Counsel for Appellant(s) : Akhilesh Kumar, Rajesh Mishra, Urmila Shukla Counsel for Respondent(s) : Dharmendra Kumar, G.A. Bachol Devi And Another .....Appellant(s) State of U.P. and Another .....Respondent(s)
4. Learned counsel for the appellants submitted that the appellants are innocent, have been falsely implicated due to enmity, and that no independent witness has supported the prosecution story. It is further urged that the entire family has been implicated with the sole object of pressurizing the appellants. Prayer has been made to enlarge them on bail. 5. Learned A.G.A. as well as learned counsel for opposite party no. 2 opposed the appeal and submitted that the allegations are specific and grave in nature; the victim, a member of Scheduled Caste, was subjected to inhuman cruelty and fatal assault, and the post-mortem report fully corroborates the prosecution version.
It is further urged that considering the brutality of the assault and the nature of accusations, no indulgence may be granted. 6. Having considered the rival submissions and upon perusal of the material on record, this Court finds that the allegations against the appellants are specific and supported by medical evidence. The victim, a physically disabled Scheduled Caste person, is alleged to have been subjected to extreme cruelty including assault with deadly weapons and forcible removal of fingernails, resulting in his death. The post-mortem report showing 21 ante-mortem injuries, including fatal head injury, lends material support to the prosecution case. The gravity of the offence, coupled with the brutality of the act and the caste-based assault alleged against the victim, leaves no ground for exercise of discretion in favour of the appellants. 7. Accordingly, this Court finds no illegality or perversity in the order dated 05.05.2025 passed by the Special Judge, SC/ST (P.A.) Act, Fatehpur rejecting the bail application. No interference is called for. 8. The criminal appeal lacks merit and is hereby dismissed. September 15, 2025 RavindraKSingh CRLA No. 4733 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad