Ram Karan Nishad Disposal

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:

Versus
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.

Versus
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

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CODE NO.

GROUP: Crl. Appeal

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

Ramkaran Nishad …… Appellant/Appellant

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

Sl. No. Particulars Pages

1. Application for early disposal of criminal

Lucknow. (MANOJ KUMAR MISHRA)

Ramkaran Nishad …… Appellant/Appellant

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

APPLICATION FOR EARLY DISPOSAL OF CRIMINAL

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

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

Lucknow. (MANOJ KUMAR MISHRA)

Ramkaran Nishad …… Appellant/Appellant

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

AFFIDAVIT IN SUPPORT OF APPLICATION FOR EARLY

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.

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

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

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.