CODE NO.

GROUP: Crl. Appeal

DISTRICT: Faizabad
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW
Criminal Appeal No. 438 of 2023

(Under Section 14A-(2) of S.C/S.T. Act)

Ramkaran Nishad …… Appellant/Appellant

(In Jail Since 19.01.2023)
Versus

State of U.P. and another …….. Respondents

INDEX

Sl. No. Particulars Pages

1. Application for early disposal of criminal

appeal.
2. Affidavit in support of the application for
early disposal of criminal appeal.
3. ANNEXURE NO. 1
The photocopy of the Marriage Invitation
Card.
4. I.D. proof

Lucknow. (MANOJ KUMAR MISHRA)

Dated: Advocate
Counsel for the Appellant
AOR B/M 0266
Reg. No. 1014/2001
Mobile No. 9452782870
 IN THE HON’BLE HIGH COURT OF JUDICATURE
AT ALLAHABAD, SITTING AT LUCKNOW
C. M. Application No. of 2023
In Re:
Criminal Appeal No. 438 of 2023
(Under Section 14A-(2) of S.C/S.T. Act)

Ramkaran Nishad …… Appellant/Appellant

(In Jail Since 19.01.2023)
Versus

State of U.P. and another …….. Respondents

APPLICATION FOR EARLY DISPOSAL OF CRIMINAL

APPEAL UNDER SECTION 14A-(2) OF S.C/S.T. ACT
The appellant named above most respectfully showeth: -
For the facts, reasons, and circumstances stated in

the accompanying affidavit, it is prayed that this Hon'ble

Court may graciously be pleased to early disposal of the

criminal appeal, in the interest of justice.

Any other order or direction which this Hon’ble Court

may deem fit and proper under the fact and circumstances of

the present case, also be passed in the interest of justice.

Lucknow. (MANOJ KUMAR MISHRA)

Dated: Advocate
Counsel for the Appellant
 IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW.
Criminal Appeal No. 438 of 2023
(Under Section 14A-(2) of S.C/S.T. Act)

Ramkaran Nishad …… Appellant/Appellant

(In Jail Since 19.01.2023)
Versus

State of U.P. and another …….. Respondents

AFFIDAVIT IN SUPPORT OF APPLICATION FOR EARLY

DISPOSAL OF CRIMINAL APPEAL

I, Arvind Kumar aged about 27 years, son of

Ramkaran, resident of Village Pipari, Police Station

Purakalander, District- Ayodhya, (Religion- Hindu,

Occupation – Agriculture, Qualification- literate), do hereby

solemnly affirm and state on oath as under: -

1. That the deponent is the son of the

applicant/appellant in the above-noted criminal

appeal and doing pairavi on his behalf, as such he is

fully conversant with the facts and circumstances of

the case deposed hereunder.

2. That the above-noted criminal appeal was filed for

setting aside the impugned judgment and order dated

04.02.2023 passed by learned Additional District &

Session Judge/ Special Judge (SC/ST Act) Faizabad

in bail application No. 191 of 2023 “Ramkaran Versus

State of U.P” in Case Crime No. 22/2023 under

section 323/504/506/307 I.P.C & 3(2) v SC/ST act,

Police Station- Bikapur, District-Ayodhya, and to

enlarge the appellant/accused on bail during the

`pendency of the trial.

3. That initially the First Information Report was

registered under section 323/504/308/506 I.P.C &

3(2)(va) SC/ST Act but during remand, the learned

Additional District & Session Judge/ Special Judge

(SC/ST Act) Faizabad on the basis of the medial

report without considering the CT Scan report of the

informant has sent the appellant to jail under section

323/504/307/506 I.P.C & 3(2)v of SC/ST vide order

dated 19.01.2023.

4. That the above-noted criminal appeal was lastly listed

on 19.04.2023 in court no.15 but due to paucity of

time the matter was not taken up.

5. That the marriage of the appellant’s son i.e., Suraj

Nishad is being fixed on 03.05.2023 and all rituals of

the marriage will be performed by the appellant

 therefore, the matter is urgent and needs early

disposal of the aforesaid criminal appeal so that the

appellant could be released on bail to perform the

rituals of his son’s marriage. For the kind perusal of

this Hon’ble Court, the photocopy of the Marriage

Invitation Card is being filed here as ANNEXURE NO.

1 with this application/affidavit.

6. That the appellant has been falsely implicated in the

present matter where as the appellant has not

committed any offense as alleged in the first

information report and has no evidence against the

appellant in the present matter.

7. That it is pertinent to mention here that from a bare

perusal of the medical reports, all injury was simple

in nature, and as per the CT-Scan report it was found

that, no intracranial Hemorrhage or Calvarial

Fracture and Subtle Small Vessel ischemic disease

which means informant having no head injury

whereas the subtle small vessel ischemic disease

caused due to over age, therefore the offense under

section 307 I.P.C. is not made out against the

applicant.

8. That as per the aforesaid para, only the offense under

section 308 I.P.C. is made out against the appellant,

and therefore, the appellant has been charged under

 section 307 I.P.C. in a very illegal and arbitrary

manner without considering the aforesaid medical

report i.e., CT Scan Report which is already

annexed/filed with the aforesaid criminal appeal.

9. That “Merely Registration of the case” is not to any

resemblance i.e., the Prosecution has to prove guilty

of the accused beyond the reasonable doubt and with

cogent shreds of evidence, and “the opinion of Police

is Neither Final nor Conclusive”.

10. That in view of the above, it is expedient in the interest

of justice that the early disposal of the criminal appeal

is necessary, in the interest of justice.

Lucknow.
Dated Deponent

VERIFICATION

I, the above-named deponent do hereby verify that the

contents of paras 1 to of this affidavit are true to my

personal knowledge. No part of it is false and nothing material

has been concealed.

So, help me, God.

Lucknow.
Dated Deponent
I identify the deponent on the basis of records produced

before me and he has signed before me.

Advocate

Solemnly affirm before me the deponent on

at about A.M./ P.M. who has been identified by Shri Manoj

Kumar Mishra, Advocate, registration no. 10140 of 2001 AOR

No. B/M 0266, resident of 73/1 Dwarika Vihar Indira Nagar

Lucknow.

I have satisfied myself by examining the deponent

named above who understands the contents of this affidavit

which have been read over and explained by me to him on

today.

OATH COMMISSIONER