IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRIMINAL) NO. OF 2023
[Arising out of the impugned final judgment and order dated 12.04.2023
passed by the Hon’ble High Court of Judicature at Allahabad in Criminal
Miscellaneous Bail Application No. 33865 of 2022]

WITH

PRAYER FOR INTERIM RELEIF

IN THE MATTER OF: -

SHIV KUMAR PATEL -- PETITIONER

VERSUS
-- RESPONDENT
STATE OF UTTAR PRADESH

PAPER BOOK

WITH

CRL.M.P. No. of 2023: Application for exemption from

filing official translation.
CRL.M.P. No. of 2023: Application for condonation of
delay in filling the SLP
CRL.M.P. No. of 2023: Application for bringing on record
Additional documents

(PLEASE SEE INDEX INSIDE)

FILED BY:-
MR. AMIT GAURAV SINGH, ADVOCATE FOR THE PETITIONER
 RECORD OF PROCEEDINGS

S NO DESCRIPTION PAGES

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

A copy of the order dated

 INDEX

Sl. Particulars of Document Page No. of part to Remarks

No. which it belongs
Part 1 Part II
(contents (contents of
Of Paper file alone)
book)
(i) (ii) (iii) (iv) (v)

1. Court Fee
2. Office Report on Limitation A
3. Listing Proforma A 1-A 2
4. Cover Page of Paper Book A3

5. Index of Record of Proceedings A4

6. Limitation Report prepared by A5
Registry

7. Defect List A6
8. Note Sheet NS 1 to
9. Synopsis and List of Dates B-J
10. A copy of the impugned order
dated 12.04.2023 passed by the 1-13
Hon’ble High Court of
Judicature at Allahabad in
Criminal Miscellaneous Bail
Application No. 33865 of 2022
11. Special Leave Petition with 14-29
affidavit.
12. APPENDIX - I
Section 439 of the Criminal 30
Procedure Code, 1973.
13. APPENDIX-II
Section 147, 302, 201 and 34 of 31-32
the Indian Penal Code, 1860.
14. ANNEXURE P-1
True translated copy of the 33
Complaint dated 11.04.2022
 filed by the father of the
deceased, Jagdish Prasad Gupta.
15. ANNEXURE P-2
True translated copy of the 34-40
inquest (Panchayatnama) dated
11.04.2022 submitted in the
court of Ld. Sessions Judge,
Banda, Uttar Pradesh.
16. ANNEXURE P-3
True Translated copy of the 41- 46
Postmortem Report dated
11.04.2022 prepared and
submitted by the Medical
Officer, Banda.
17. ANNEXURE P-4
True translated copy of FIR No. 47- 52
95/2014 dated 14.04.2022.
18. ANNEXURE P-5
True translated copy of the 53- 56
statement of Jugal Kishore
Gupta dated Nil.
19. ANNEXURE P-6
True translated copy of the 57
statement of Harshit Gupta
dated Nil.
20. ANNEXURE P-7
True translated copy of the 58- 61
statement of Lalit Kumar Gupta
dated Nil.
21. ANNEXURE P-8
True translated copy of the 62
statement of Munna Gupta dated
Nil.

22. ANNEXURE P-9

True translated copy of the 63
statement of Genda Singh dated
Nil.

23. ANNEXURE P-10

True translated copy of the 64- 65
statement of Jagdish Prasad
Gupta dated Nil.
24. ANNEXURE P-11
True translated copy of the 66- 67
statement of Const. Ranjit Singh
dated Nil.
25. ANNEXURE P-12
True translated copy of the 68
statement of Pranjul dated Nil.
26. ANNEXURE P-13
True translated copy of the 69
statement of Shiv Pujan
Chaurasia dated Nil.
27. ANNEXURE P-14
True translated copy of the 70- 71
statement of Shubham Sahu
dated Nil.
28. ANNEXURE P-15
True translated copy of the 72 -73
statement of Rinku Gupta dated
Nil.
29. ANNEXURE P-16
True translated copy of the 74- 75
statement of Golu alias Ankit
Verma dated Nil.
30. ANNEXURE P-17
True translated copy of the 76- 101
Charge Sheet No.93 of 2022
dated 08.05.2022 filed in Case
Crime No. 95 of 2022 in the
Court of Ld. Sessions Judge,
Banda
31. ANNEXURE P-18
True translated copy of the order 102- 108
dated 28.06.2022 passed by the
Ld. Session Judge, Banda, Uttar
Pradesh in case crime no.
95/2022 PS: Atarra, District -
Banda, Uttar Pradesh.
32. ANNEXURE P-19
True copy of Criminal Misc.
Bail Application No. - 33865 of 109- 121
2022 dated 28.07.2022 filed by
Petitioner before Hon’ble High
Court of Judicature at
Allahabad.
33. Application for Exemption 122-123
from filing Official translation.
34. Application for Condonation of 124-127
Delay in filing Special Leave
Petition.
35. Application for bringing on 128- 130
record additional documents.
36. Custody Certificate 131
37. F/M 132
38. Vakalatnama 133-134
39. FIR Format 135
 A
IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURIDICTION

SPECIAL LEAVE PETITION (CRIMINAL) NO. OF 2023

IN THE MATTER OF

SHIV KUMAR PATEL -- PETITIONER

VERSUS
-- RESPONDENT
STATE OF UTTAR PRADESH

OFFICE REPORT ON LIMITATION

1. The Special Leave Petition is within time.

2. The Petition is barred by time and there is delay of

12
_________ days in filing the same against order dated

12.04.2023
______________ and application for condonation of

12
______________ days has been filed.

3. There is delay of ________ days in re-filing the Special

Leave Petition and Special Leave Petition for condonation

of _______days delay in re-filing has been filed.

NEW DELHI

FILED ON: - 24.07.2023 BRANCH OFFICER

 A1
LISTING PROFORMA
IN THE SUPREME COURT OF INDIA

SECTION II
The case pertains to (Please tick/check the correct box):

Central Act : (Title) CRIMINAL PROCEDURE CODE,

1973
Section : 439

Central Rule: (Title) N.A.

Rule No(s): ___ N.A.

State Act : (Title) __ N.A.

Section : N.A.

State Rule : (Title) _____ N.A. __

Rule No(s) : _____ N.A. ___

Impugned Interim order: (Date) ____N.A.__________

Impugned Final Order/Decree : (Date) 12.04.2023

High Court : (Name) High Court of Judicature At

Allahabad
Names of Judges: Mr. Hon'ble Rajeev Misra, J.

Tribunal/Authority : (Name) _______ N.A. _____

1. Nature of matter: ____CRIMINAL___

2. (a) Petitioners/appellant No.1 : Shiv Kumar Patel

(b) e-mail ID: _______ amitgauravsingh@gmail.com
(c) Mobile phone number: _______ N.A. _____

3. (a) Respondent No. 1 : State Of Uttar Pradesh.

(b) e-mail ID: _______ N.A. _____

(c) Mobile phone number: _______ N.A. _____

4. (a) Main category classification: 14 CRIMINAL MATTERS

(b) Sub classification:
1409 CRIMINAL MATTERS RELATING TO
BAIL/INTERIM BAIL/ANTICIPATORY BAIL.
 A-2

5. Not to be listed before: ____________ N.A. ____________

6. a) Similar disposed of matter with citation,
if any, & case details: NO SIMILAR DISPOSED OFF
MATTER
b). Similar pending matter with case details: NO SIMILAR
PENDING MATTER
7. Criminal Matters: YES
(a) Whether accused/convict has surrendered: Yes√ No

(b) FIR No. 95/22 ______________ Date: 14.04.2022

(c) Police Station: Atarra, Banda, UP

(d) Sentence awarded: N.A.

(e) Sentence Undergone: N.A.

8. Land Acquisition Matters:

(a) Date of Section 4 notification: N.A._

(b) Date of Section 6 notification: N.A.________

(c) Date of Section 17 notification: N.A._______

9. Tax Matters: State the tax effect: N.A.___________

10. Special Category (first petitioner/appellant only): N.A.

 Senior citizen > 65 years  SC/ST  Woman/child 
Disabled  Legal Aid case  In custody
11. Vehicle Number (in case of Motor Accident Claim matters): N.A.

12. Decided cases with citation: N.A.

AMIT GAURAV SINGH

Advocate for the Petitioner
Code No. : 2315
amitgauravsingh@gmail.com
New Delhi
Dated : 24 .07.2023
 B
SYNOPSIS

By means of the present Special Leave Petition, the Petitioner

is approaching this Hon’ble Court against the impugned
Judgment and Final Order dated 12.04.2023 passed by the
Hon’ble High Court of Judicature at Allahabad in Criminal
Miscellaneous Bail Application No. 33865 of 2022 whereby
the Hon’ble High Court has erroneously dismissed the Bail
Application filed by the Petitioner.

As per the Prosecution story, on 10.04.2022, on the Railway

Track near Canal at Lohiya Bridge, Atarra, Banda, Uttar
Pradesh deceased, Sugam Gupta @ Atul Gupta was run over
by a Train No. 15205 DN Lucknow Jabalpur, Chitrakoot
Express.

That an inquest report (Panchayatnama) was prepared by the

police after appointing five witnesses namely Gaurav Kumar,
Raj Kumar, Shekhar Lal, Anoop Kumar Gupta and Jugal
Kishore. In the opinion of the witnesses the death of the
deceased was suicidal/accidental.

On 11.04.2022, the Complainant, father of the deceased, had

first filed a complaint stating therein that Sugam Gupta alias
Atul Gupta has died after falling from the train.

On 14.04.2022 after a delay of 4 days a First Information

Report (FIR) no. 95/2022 was registered against 4 persons on
 C
a Complaint filed by the father of deceased whereby the
Petitioner was not named in the FIR.

In the FIR it has been alleged by the Complainant that his son
namely Sugam Gupta @ Atul Gupta had gone for Ram
Navami’s Tableau at around 1.00 PM whereafter at around
5:24 PM, the Complainant received an intimation on his
mobile phone from a salesman of the Model Wine Shop that
his Son Atul Gupta has taken Rs. 30,000/- and has been
thrashed. The Salesman also called brother-in-law, Lalit of the
Complainant. The brother-in-law, Lalit of the Complainant
thereafter called his Uncle Jugal Kishore @ Pappu and told
him to reach the Model Wine Shop.

The Complainant further stated that when he reached the

Model Wine Shop the deceased was present there. The
Complainant left the deceased with accused Raja Dwivedi,
Saurabh @ Hanuwa, Baura and Rajendra Dwivedi stating
them to get themselves satisfied as to the theft of Rs. 30000/-
and then send his son home. The deceased was also beaten by
Jugal Kishore @ Pappu, relative of the deceased, by a Danda
and who scolded him for the theft committed by him.

Strangely, no FIR was filed by the Complainant at that point

in time against the accused.

It is further submitted that the deceased then left the Model

Wine Shop at around 8:57 PM and reached the house of his
 D
another relative, Munna Gupta at around 9.30 PM and
demanded money for drinking alcohol and on not getting any
money left the place.

Later that night body of the Sugam Gupta @ Atul Gupta was
found on the railway tracks on an information was made by
the driver of the train being Train No. 15205 DN Lucknow
Jabalpur, Chitrakoot Express whereafter the Postmortem is
done on 11.04.2023. The Postmortem Report also did not
find any injury on the body of the deceased which could be
stated to be caused by Danda etc. Further, there was only one
fatal injury being ‘crush injury at neck’ caused by the train as
per the postmortem report which caused the death of the
deceased.

The Doctor who conducted the Postmortem of the deceased

in his statement under Section 161 to the Police did not give
any definite opinion as to the cause of death as to the death
being Homicidal or Suicidal.

It is submitted that the Additional Statement (Majeed Bayan)

of the Complainant was recorded on 21.04.2022 after 7 days
of the incident whereby the name of the Petitioner was
disclosed by the Complainant in order to frame the Petitioner
for the murder of the deceased. On the basis of which the
Petitioner was arrested by the Police on 24.04.2022.
 E
The Police thereafter filed chargesheet dated 08.05.2023
against the Petitioner and other accused while exonerating
another accused Ravi Jaiswal.

The Petitioner submits that he is innocent and is falsely

implicated in the case. The Petitioner is not involved in any
criminal activities and has not been convicted in any case till
date.

It is humbly submitted that Petitioner herein is a daily wager

and has a good reputation socially in the area for a long time.

The Petitioner filed bail application before Ld. Session Court,

Banda, Uttar Pradesh. The same was erroneously dismissed.
Aggrieved thereby, the Petitioner filed Criminal
Miscellaneous Bail Application No. 33865 of 2022 before the
Hon’ble High Court of Judicature at Allahabad and prayed for
grant of bail. The Criminal Miscellaneous Bail Application
No. 33865 of 2022 filed before the Hon’ble High Court of
Judicature at Allahabad has been dismissed by the impugned
order.

LIST OF DATES

10.04.2022 Sugam Gupta @ Atul Gupta, the son of the

1:00 PM Till
Complainant, had gone to watch Ram Navami’s
9:30 PM
Tableau at around 1.00 PM whereafter at
around 5:24 PM, the Complainant received an
intimation on his mobile phone from salesman
 F
of the Model Wine Shop that his Son Sugam
Gupta @ Atul Gupta has taken Rs. 30,000/- and
has been thrashed. The deceased then leaves the
Model Wine Shop at around 8:57 PM and seen
alive till 9:30 PM.
10.04.2022 An incident of a person being run over by the
9:31 PM Till
train is reported by the Loco Pilot, namely
12:00 AM
Kuldeep Chaudhary of the Train No. 15205 DN
Lucknow-Jabalpur, Chitrakoot Express. Sugam
@ Atul Gupta is found to have been died of
accident/suicide at the railway tracks.
11.04.2022 A Complaint is filed by the father of deceased
At 12:29 AM
that his son Sugam Gupta alias Atul Gupta was
coming home by train and has died after falling
from the train near Lohiya Bridge.
True translated copy of the Complaint dated
11.04.2022 filed by the father of the deceased,
Jagdish Prasad Gupta is annexed herewith and
marked as Annexure P-1 (Pg. 33 ).
11.04.2022 An inquest (Panchayatnama) is prepared after
At 07:10 AM
appointing witnesses namely Jugal Kishore, Raj
Kumar Gupta, Gaurav Kumar Gupta, Anup
Kumar Gupta and Shankar Lal Kushwaha in
whose opinion the death of the deceased was
stated to have occurred due to being hit by train.
True translated copy of the inquest
(Panchayatnama) dated 11.04.2022 submitted
in the court of Ld. Sessions Judge, Banda, Uttar
 G
Pradesh is annexed herewith and marked as
Annexure P-2 (Pg. 34 to 40 ).
11.04.2022 The Postmortem of the deceased is conducted
whereby the autopsy surgeon found following
Ante-Mortem injuries on the body of the
deceased:
1. Crush Injury at Neck
2. Multiple abrasion and contusion about
(13* 9) cm at Left face.
3. Lacerated wound about (3 * 1.5) cm at
flexor aspect of wrist.
4. Left Mandible.

True Translated copy of the Postmortem Report

dated 11.04.2022 prepared and submitted by the
Medical Officer, Banda is annexed herewith and
marked as Annexure P-3 (Pg. 41 to 46 ).
14.04.2022 The Complainant, father of the deceased, files
another Complaint dated 14.04.2022 at 08:23
PM before the Police Station-Atarra, Banda. On
the basis of the Complaint Atarra Police
registers an FIR being 95/2022 against 4
persons namely Raja Dwivedi, Saurabh @
Hanuwa, Baura and Rajendra Dwivedi under
Section 302/201 IPC.
True translated copy of FIR No. 95/2014 dated
14.04.2022 is annexed herewith and marked as
Annexure P - 4. (Pg. 47 - 52 )
18.04.2022 - Statement of various witnesses namely Jugal
21.04.2022
Kishore Gupta, Harshit Gupta, Lalit Kumar
 H
Gupta, Munna Gupta, Genda Singh, Additional
Statement (Majeed Bayan) of the Complainant,
Jagdish Prasad Gupta, Const. Ranjit Singh,
Pranjul, Shiv Pujan Chaurasia, Shubham Sahu,
Rinkoo Gupta and Golu alias Ankit Verma are
recorded by the police under Section 161 of
Cr.P.C. A field team unit of the Police also
conducts an inspection of the place of incidence
and allegedly collects samples of blood.
True translated copy of the statement of Jugal
Kishore Gupta dated Nil is annexed herewith
and marked as Annexure P - 5. (Pg. 53 - 56 )
True translated copy of the statement of Harshit
Gupta dated Nil is annexed herewith and
marked as Annexure P - 6. (Pg. 57 )
True translated copy of the statement of Lalit
Kumar Gupta dated Nil is annexed herewith
and marked as Annexure P - 7. (Pg. 58 - 61)
True translated copy of the statement of Munna
Gupta dated Nil is annexed herewith and
marked as Annexure P - 8. (Pg. 62 )
True translated copy of the statement of Genda
Singh dated Nil is annexed herewith and
marked as Annexure P - 9. (Pg. 63 )
True translated copy of the statement of Jagdish
Prasad Gupta dated Nil is annexed herewith and
marked as Annexure P - 10. (Pg. 64 - 65)
True translated copy of the statement of Const.
 I
Ranjit Singh dated Nil is annexed herewith and
marked as Annexure P - 11. (Pg. 66 - 67)
True translated copy of the statement of Pranjul
dated Nil is annexed herewith and marked as
Annexure P - 12. (Pg. 68 )
True translated copy of the statement of Shiv
Pujan Chaurasia dated Nil is annexed herewith
and marked as Annexure P - 13. (Pg. 69 )
True translated copy of the statement of
Shubham Sahu dated Nil is annexed herewith
and marked as Annexure P - 14. (Pg. 70 - 71)
True translated copy of the statement of Rinku
Gupta dated Nil is annexed herewith and
marked as Annexure P - 15. (Pg. 72 - 73)
True translated copy of the statement of Golu
alias Ankit Verma dated Nil is annexed
herewith and marked as Annexure P - 16. (Pg.
74 - 75)
03.05.2022 The samples of blood collected by the field
team unit is sent through a letter for analysis to
the Forensic Science Laboratory, Prayagraj
which is received by the Forensic Science
Laboratory, Prayagraj on 05.05.2022.
08.05.2022 A Charge sheet is filed before the Learned trial
court by the Investigating Officer Under Section
302, 201, 147, 34 of Indian Penal Code 1860
whereby the Petitioner is named for the first-
time.
 J
True translated copy of the Charge Sheet No.93
of 2022 dated 08.05.2022 filed in Case Crime
No. 95 of 2022 in the Court of Ld. Sessions
Judge, Banda is annexed herewith and marked
as Annexure P - 17. (Pg. 76 - 101)
28.06.2022 The First Bail Application of the Petitioner was
rejected by the Learned, Session Judge, Banda,
Uttar Pradesh.
True translated copy of the order dated
28.06.2022 passed by the Ld. Session Judge,
Banda, Uttar Pradesh in case crime no.
95/2022 PS: Atarra, District - Banda, Uttar
Pradesh is annexed herewith and marked as
Annexure P – 18 (Pg. 102 to 108)
28.07.2022 The Petitioner then approached Hon'ble High
Court for bail by filing Criminal Misc. Bail
Application No. - 33865 of 2022 U/S 439 of the
Cr.P.C.
A true copy of Criminal Misc. Bail Application
No. - 33865 of 2022 dated 28.07.2022 filed by
Petitioner before Hon’ble High Court of
Judicature at Allahabad is annexed herewith and
marked as ANNEXURE P-19 (Pg. 109 to 121 )
12.04.2023 Vide the impugned Order, Hon'ble High Court
erroneously dismissed the Bail Application
filed by the Petitioner.
24 .07.2023 HENCE, the present Special Leave Petition.
1
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 14
IN THE SUPREME COURT OF INDIA
ORDER XXII RULE 2 (1)
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION
(UNDER ARTICLE 136 OF THE CONSTITUTION OF
INDIA)

SPECIAL LEAVE PETITION (CRIMINAL) NO.______OF 2023

WITH

PRAYER FOR INTERIM RELIEF

BETWEEN POSITION OF PARTIES

TRIAL HIGH THIS

COURT COURT HON'BLE
COURT
Shiv Kumar Patel Accused Petitioner Petitioner
aged about 32 years
S/o Late Shri
Prayagdutt Patel
R/O Village- Brahman
Basti, Shivrampur,
Police Station-
Kotwali Karvi,
District- Chitrakoot
Uttar Pradesh

Presently in
District Jail, Banda,
Uttar Pradesh

-VERSUS-

State of Uttar Prosecution Respondent Respondent

Pradesh,
Notice to be served
Through Principal
Secretary,
 15
Ministry of Home
Affairs,
Civil Secretariat,
Lucknow,
Uttar Pradesh

PETITION UNDER ARTICLE 136 OF

THE CONSTITUTION OF INDIA

To,
Hon’ble the Chief Justice of India
and His Hon’ble Companion
Justices of the Hon’ble Supreme
Court of India
This Humble petition of
the Petitioner above-
named

MOST RESPECTFULLY SHOWETH:

1. The present Special Leave Petition under Article 136 of the

Constitution of India has been preferred against the impugned
Judgment and Final Order dated 12.04.2023 passed by the Hon’ble
High Court of Judicature at Allahabad in Criminal Miscellaneous
Bail Application No. 33865 of 2022 whereby the Hon’ble High
Court has rejected the bail application of the Petitioner for grant of
bail.

2. QUESTIONS OF LAW

That the following important and substantial questions of law have

arisen, which require consideration of this Hon’ble Court:
 16
A. Whether or not the Hon'ble High Court has erred in exercise
of its power under Section 439 of the Criminal Procedure
Code, the High Court has erred in refusing to grant bail to
the Petitioner despite the fact that the accused was not
named in the First Information Report (FIR) and has been
added later on in the chargesheet dated 08.05.2022?

B. Whether or not the present case is a fit case for grant of Bail
as the FIR has been filed after a delay 4 days and no
satisfactory explanation has been provided by the
Complainant for the delay?

C. Whether or not the present case is a fit case for grant of Bail
as the Complainant himself submitted a Complaint dated
11.04.2022 to the Police stating thereby the cause of death
of the deceased being accidental/suicidal after falling from
the train?

D. Whether or not the present case is a fit case for grant of bail
in view of the contradiction in the version of the
Complainant describing the incidence in complaint dated
11.04.2022 and in FIR dated 14.04.2022?

E. Whether or not the present case is a fit case for grant of Bail
as there were no injuries on the body of the deceased which
were fatal injuries as per the Post Mortem report and there
being only one fatal injury of ‘crush injury at neck’ caused
by the train?
 17
F. Whether or not the Hon’ble High Court erred by holding
that “no explanation having come forward from the
applicants with regard to the presence of blood stains on the
trolley of tractor” and further by holding that “the FSL
report which suggests that the death of deceased is
homicidal and not suicidal” on the basis of a wrong
submission made by the prosecution being “the same were
duly noted by FSL team which are explicit from the FSL
report dated 15.04.2022. No explanation regarding same
has been offered by the applicants”?

G. Whether or not the present case is a fit case for grant of Bail
to the petitioner, who is having very good reputation among
local since a long time, so there is no question of any
possibility of his fleeing away from justice, who is ready to
face court trial till the end, who is ready to furnish
reasonable amount of bail bond, who has no antecedents,
who has been falsely implicated in the present case?

H. Whether or not the Hon'ble High Court has overlooked the

fact that there was prima facie no motive for the murder?

3. DECLARATION IN TERMS OF RULE 2(2)

The Petitioner states that it has not filed any other petition, seeking
leave to appeal, earlier before this Hon’ble Court against the
impugned Judgment and Final Order dated 12.04.2023 passed by
 18
the Hon’ble High Court of Judicature at Allahabad in Criminal
Miscellaneous Bail Application No. 33865 of 2022.

4. DECLARATION IN TERMS OF RULE 4:

The Annexures P-1 to P- 19 produced along with the Special Leave

Petition are true copies of the pleadings/documents which formed
part of the Records of the case in the Court below against whose
order the Leave to Appeal is sought for in this petition.

5. GROUNDS:

That the Petitioners are filing the present Special Leave Petition
on the following amongst other grounds:

A. BECAUSE the Hon'ble High Court erred in not considering

that the Complainant father of the deceased filed an
complaint dated 11.04.2022 with the Police prior to filing
FIR on 14.04.2022 and in the complaint dated 11.04.2022
complainant stated that deceased had died after falling from
the train.

B. BECAUSE the Hon’ble High Court failed to appreciate that

in the FIR filed after a delay of 4 days the Complainant has
come up with a new story that the deceased was beaten by
the accused named therein and which has caused the death
of the deceased.
 19
C. BECAUSE the Hon’ble High Court erred in not considering
that the Petitioner was not named in the First Information
Report (FIR) even when the FIR was filed after a delay of 4
days.

D. BECAUSE the Hon’ble High Court erred in not considering

that the prosecution has failed to attribute any motive for the
murder of the deceased more so when all the relatives
including the Complainant was being called and intimated
by the salesman of the model wine shop.

E. BECAUSE the Hon’ble High Court erred in not considering

that the incident occurred on 10.04.2022 at about 00.00 Hrs
and First Information Report was registered on 14.04.2022
at about 20:56 Hrs by the father of the deceased against four
persons Raja Dwivedi @ Shiv Naresh Dwivedi, Rajendra
Dwivedi (Manager Mahindra Agency Atarra), Saurabh @
Hanuwa Gupta and Baura after a delay of 4 days and
whereby no proper and satisfactory reason was provided by
the Complainant.

F. BECAUSE the Hon'ble High Court erred in not considering

that the samples were allegedly collected on 21.04.2022 by
the FSL team and the said samples were sent to the
Laboratory only on 03.05.2022 by the FSL team.

G. BECAUSE the Hon'ble High Court erred by holding that

“no explanation having come forward from the applicants
with regard to the presence of blood stains on the trolley of
 20
tractor” and further by holding that “the FSL report which
suggests that the death of deceased is homicidal and not
suicidal” on the basis of a wrong submission made by the
prosecution being “the same were duly noted by FSL team
which are explicit from the FSL report dated 15.04.2022.
No explanation regarding same has been offered by the
applicants”.

H. BECAUSE the Hon'ble High Court has failed to appreciate

that there were no injuries on the body of the deceased
which were fatal injuries as per the Post Mortem report.
Further, there was only one fatal injury being ‘crush injury
at neck’ caused by the train as per the postmortem report
which caused the death of the deceased.

I. BECAUSE the Hon’ble High Court failed to appreciate that

as per Post mortem report there is no other ante-mortem
injury on the body of the deceased which could be stated to
have been caused by the Danda (Stick).

J. BECAUSE the Hon'ble High Court erred in not considering

that the Autopsy Doctor of the Postmortem in his statement
under Section 161 to the Police did not give any definite
opinion as to the cause of death being that of Homicidal or
Suicidal.

K. BECAUSE the Hon'ble High Court erred in not considering

that the Additional Statement (Majeed Bayan) of the
Complainant was recorded on 21.04.2022 after 7 days of the
 21
incident whereby the name of the Petitioner was disclosed
by the Complainant in order to frame the Petitioner for the
murder of the deceased.

L. BECAUSE the Hon'ble High Court has failed to appreciate

that the Petitioner is a man of repute and there is no
probability of absconding or tampering with the evidence if
the bail is granted.

M. BECAUSE the Hon'ble High Court has failed to appreciate

that in the trial before the District Court only one witness
being the Complainant in the matter has been examined and
cross-examined out of a list of 44 witnesses who are yet to
be examined as per the Chargesheet. Further, the said
examination of all the witnesses will at least take more than
6-8 years.

N. BECAUSE the Hon'ble High Court has failed to appreciate

that the Petitioner has been arrested on the ground of no
evidence and only on the false accusations, and the recovery
as alleged against the Petitioner is to frame the Petitioner.

O. BECAUSE the Hon'ble High Court has failed to appreciate

that without any substantial material / evidence on record as
to the presence of the Petitioner at the Place of incidence
when the murder as alleged is said to have been committed
the Police have filed a chargesheet against the Petitioner
under Section 302 of the IPC.
 22
P. BECAUSE the Hon’ble High Court failed to appreciate that
along with Petitioner one another person namely Ravi
Jaiswal was also added as one of the accused for the
aforesaid offence however the concerned Police exonerated
the said accused Ravi Jaiswal from the Chargesheet for
ulterior motives.

Q. BECAUSE the Hon'ble High Court has failed to appreciate

that the name of the Petitioner has been added as one of the
accused in the said offence as the illegal demands of the
concerned police were not met by the Petitioner and
therefore the concerned police falsely implicated the
Petitioner in the commission of the said crime. In fact, the
Petitioner was not even present at the place of incidence at
the time when the offence is stated to have been committed.

R. BECAUSE the Hon'ble High Court has failed to appreciate

that the investigating agency has deliberately not filed any
call records of the Petitioner to show the presence of the
Petitioner between 9:30 PM till 12:00 PM when the crime
has been stated to have been committed.

S. BECAUSE the Hon'ble High Court has erred in not

considering that the incidence of murder as alleged by the
Complainant, Jugal Kishor and Lalit Kumar Gupta (Mama
of the deceased) has not been recorded in the CCTV as the
deceased was alive till 9.30 PM as per the statement of
another relative, Munna Gupta (Mama of the deceased).
 23
T. BECAUSE the Hon'ble High Court has erred in not
considering that there is no CCTV recording where
Petitioner or any of the accused is shown to be dumping the
body in the Tractor Trolley or any clear or authentic CCTV
footage to show any assault done by the four accused named
in the FIR with an intention to cause death.

U. BECAUSE the Hon'ble High Court has erred in not

considering that there is no witness who has named the
Petitioner in his statement to be carrying and dumping the
body of the deceased in the Tractor Trolley.

V. BECAUSE the Hon'ble High Court has failed to appreciate

that as per the opinion of the witnesses in the inquest report
(Panchayat Nama) of the deceased the death of the deceased
was said to be accidental.

W. BECAUSE the Hon'ble High Court has failed to appreciate

that the principle of Res Gestae does not apply in the present
and cannot be said to be arising out of same transaction case
as the deceased was alive till 9.30 PM after the first
incidence and the Prosecution has cooked up a story to
frame the Petitioner in the present case.

X. BECAUSE the Hon'ble High Court has failed to appreciate

that the present case is based upon circumstantial evidence
and there is no direct evidence to implicate the Petitioner in
the present case.
 24
Y. BECAUSE the Hon'ble High Court erred in not appreciating
that the Petitioner is a person of repute in his village and has
no past criminal antecedents.

Z. BECAUSE the Hon'ble High Court erred in not considering

that the Petitioner was working as a daily wager with the
Mahindra Agency and is the sole bread winner in his family
and his family has no other source of livelihood except out
of the earnings made by the Petitioner.

6. GROUNDS FOR INTERIM RELIEF:

A. The Petitioner is a law-abiding citizen with deep roots in

society.

B. The Petitioner has undergone imprisonment for a period of

about 14 months and is in custody since 24.04.2022.

C. The Petitioner is a permanent resident of Chitrakoot, Uttar

Pradesh and earns his livelihood as a daily wager and if he
is kept in custody, his family may suffer
from hunger. The Petitioner is the only bread earner for
the family. He would fully comply with the conditions
imposed on him and would never abuse the freedom
granted.
 25
D. The petitioner is ready to abide by any conditions as
may be imposed by this Hon’ble court for the grant of
bail.

7. MAIN PRAYER:

It is respectfully prayed that this Hon’ble Court be pleased to:

a) grant Special Leave to appeal under Article 136 of the

Constitution of India against the against the impugned
Judgment and Final Order dated 12.04.2023 passed by the
Hon’ble High Court of Judicature at Allahabad in Criminal
Miscellaneous Bail Application No. 33865 of 2022; and/or

b) Pass such other or further orders, which this Hon’ble Court

deems fit and proper in the facts and circumstances of the
case in the interest of justice.

8. PRAYER FOR INTERIM RELIEF:

a) grant ad-interim bail to the Petitioner to the

satisfaction of Court of Ld. Sessions Judge, Banda, Uttar
Pradesh in Case Crime No. 95 of 2022; and/or

b) Pass such other or further orders, which this Hon’ble Court

deems fit and proper in the facts and circumstances of the
case in the interest of justice.
 26
AND FOR THIS ACT OF KINDNESS, THE PETITIONER
AS IN DUTY BOUND, SHALL EVER PRAY.

Filed by

AMIT GAURAV SINGH

Advocate for the Petitioner
New Delhi
FILED ON: 24.07.2023
 27
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRIMINAL) NO.______OF 2023

IN MATTER OF:
Shiv Kumar Patel -- PETITIONER
VERSUS
State of Uttar Pradesh -- RESPONDENT
CERTIFICATE
Certified that the Special Leave Petition is confined only to the
pleadings before the Court whose order is challenged and the other
documents relied upon in those proceedings except Annexure P-
11, Annexure P–12, Annexure P– 13, Annexure P–14, Annexure
P - 15, Annexure P–16 and Annexure P–17 and facts related
thereto. No additional facts, documents or grounds have been
taken therein or relied upon in the Special Leave Petition except
Annexure P–11, Annexure P–12, Annexure P–13, Annexure P–
14, Annexure P–15, Annexure P–16 and Annexure P–17 and facts
related thereto. It is further certified that the copy of the
document/Annexures attached to the Special Leave Petition is
necessary to answer the questions of law raised in the Petition.
This certificate is given on the basis of the instructions given by
the Petitioner/person authorized by the Petitioner.
FILED BY

AMIT GAURAV SINGH

Advocate for the Petitioner
New Delhi
FILED ON: 24.07.2023
 28

J
8

14 27
29
 30
APPENDIX-I

CODE OF CRIMINAL PROCEDURE

Section 439

439. Special powers of High Court or Court of Session regarding

bail.

(1) A High Court or Court of Session may direct-

(a) that any person accused of an offence and in custody be
released on bail, and if the offence is of the nature specified in
subsection (3) of section 437, may impose any condition which it
considers necessary for the purposes mentioned in that subsection;

(b) that any condition imposed by a Magistrate when releasing an

person on bail be set aside or modified: Provided that the High
Court or the Court of Session shall, before granting bail to a person
who is accused of an offence which is triable exclusively by the
Court of Session or which, though not so triable, is punishable with
imprisonment for life, give notice of the application for bail to the
Public Prosecutor unless it is, for reasons to be recorded in writing,
of opinion that it is not practicable to give such notice.

(2) A High Court or Court of Session may direct that any person
who has been released on bail under this Chapter be arrested and
commit him to custody.

//TRUE COPY//
 31
APPENDIX-II

INDIAN PENAL CODE

SECTION 147, 302, 201 & 34

147. Punishment for rioting. — Whoever is guilty of rioting, shall

be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.

302. Punishment for murder. — Whoever commits murder shall

be punished with death, or imprisonment for life, and shall also be
liable to fine.

201. Causing disappearance of evidence of offence, or giving false

information to screen offender. — Whoever, knowing or having
reason to believe that an offence has been committed, causes any
evidence of the commission of that offence to disappear, with the
intention of screening the offender from legal punishment, or with
that intention gives any information respecting the offence which
he knows or believes to be false;
if a capital offence. —shall, if the offence which he knows or
believes to have been committed is punishable with death, be
punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life. —and if the offence is
punishable with imprisonment for life, or with imprisonment
which may extend to ten years, shall be punished with imprison-
ment of either description for a term which may extend to three
years, and shall also be liable to fine;
 32
if punishable with less than ten years’ imprisonment. —and if the
offence is punishable with imprisonment for any term not extend-
ing to ten years, shall be punished with imprisonment of the
description provided for the offence, for a term which may extend
to one-fourth part of the longest term of the imprisonment pro-
vided for the offence, or with fine, or with both.

34. Acts done by several persons in furtherance of common

intention. — When a criminal act is done by several persons in
furtherance of the common intention of all, each of such persons
is liable for that act in the same manner as if it were done by him
alone.

//TRUE COPY//
 33
ANNEXURE P/1

To,

The Station House Officer,

Atarra.

Sir

It is submitted that the applicant is a resident of Mohalla Naraini

Road Atarra (Opposite Municipality), District Banda. The
applicant's son Sugam Gupta alias Atul, aged about 30 years, was
returning home from Banda by train at around 10.45 tonight and
he died on the spot near Lohia bridge due to falling from the train
at the place of incidence. As soon as the applicant got the
information, he immediately reached the spot and found that death
had taken place. The applicant has come for the information. It is
absolutely necessary to register the first information of the
applicant.

Therefore, it is requested that please register the first information

report of the applicant.

Dated 11.4.2022 Applicant

Jagdish Prasad Gupta

Police Station Naraini Road
Atarra
District Banda

TRUE TRANSLATED COPY

 34
ANNEXURE P/2

Original/ Second Copy

Report of legal investigation U/S 174 Cr.P.C.

Report regarding the death of Sugam Gupta S/O

Jagdish Gupta R/O Village Naraini Road, Atarra P.S.

Atarra Distt. Banda

Date, Time & place to On 11/04/2022 at 00:29

report in the Police station Hrs

Time of initiating at 7:10

Hrs

Name of the person who Kamlesh Kumar

inform the police about Pointman, Railway

the dead body & cause of Station Atarra near Pillar

death No. 1349/16 near drain.

Apparent to death due to

hitting with the train.

Date of sending the dead Dated 11/04/2022

body for medical through Constable Acche

examination and name of Lal.

 35

the employee

Date & time of 11/04/2022 at 8:05 Hrs

commencing the

proceeding

At this time on 11/04/2022 at 00:29 hrs Sh.

Kamlesh Kumar Point Man Railway Station Atarra

Distt. Banda has produced the report No. 3

regarding the death of any unknown person with

the train. That the guard of the Train No. 15205

at 22:36 at pillar No. 1349/16 near the canal a

dead body has been there on the track. I

alongwith C-Achhe Lal and the requisite

document reached at the place of occurrence

and saw that a dead body was there on the

track, the head of which has been separated

from the body. By calling various persons we

tried to identify the said body. In the meantime,

some family members of the deceased came

 36

there and identified the dead body. At the spot

in the presence of the father of the deceased

namely Jagdish S/O Late Mannu Lal R/O Village

Naraini Road, Atarra P.S. Atarra Distt. Banda and

other persons, the proceeding of the

Panchayatnama has been initiating.

PANCHAN APPOINTED:

1. Jugal Kishore S/O Late Sh. Bhagwan Dass R/O

Mohalla Subash Nagar P.S. Atarra, Distt.

Banda age about 42 years Mob: 94501-67566

2 Raj Kumar Gupta S/O Late Sudam Prasad

Gupta R/O Atarra, Banda Road P.S. Atarra,

Distt. Banda age about 50 years Mob: 87957-

08970

3 Gaurav Kumar Gupta S/O Radhe Shyam Gupta

R/O Mohalla Khurand Station P.S. Girva, Distt.

Banda age about 36 years Mob: 70074-25732

 37

4 Anoop Kumar Gupta S/O Avshedak Kumar

Gupta R/O Mohalla Khurand Station P.S. Girva,

Distt. Banda age about 36 years Mob: 97218-

97738

5 Shankar Lal Kushwaha S/O Baldev Prasad

Kushwaha R/O Nagnaudi P.S. Atarra, Distt.

Banda age about 36 years Mob: 96958-46770

Position of the dead body: The dead body has

been lying on the railway Track. Head is towards

North & feet is towards South. Both the hands

were in the lap Moth & eyes closed.

Description of the body: strong body, eyes, nose,

ears, height average, colour whitish age about 30

years

Clothes: White Shirt, Black vest, Blue Jeans,

white underwear with leather belt.

Injury: Head is separated from the body

 38

Property NIL

Opinion of the Panchans: In our opinion the

deceased Sugam Gupta @ Atul Gupta S/O Jagdish

Gupta R/O Village Naraini Road, Atarra P.S. Atarra

Distt. Banda age about 30 years has been

seemed to hit with the train, even then, post

mortem is necessary to know the exact cause of

death.

Sd/- Gaurav Kumar; Sd/- Raj Kumar Gupta; Sd/-

Shankar Lal;

Sd/- Anoop Kumar Gupta; Sd/- Jugal Kishore

 39

Opinion of the Sub-Inspector:- The opinion of the

Panchans is the same as of me SI, that the

deceased Sugam Gupta @ Atul Gupta S/O Jagdish

Gupta R/O Village Naraini Road, Atarra P.S. Atarra

Distt. Banda has been seemed to hit with the

train, even then, post mortem is necessary to

know the exact cause of death.

Sir,

It is requested that the deceased Sugam

Gupta @ Atul Gupta S/O Jagdish Gupta R/O

Village Naraini Road, Atarra P.S. Atarra Distt.

Banda has been seemed to hit with the train.

The dead body of the deceased has been sent in

P.M. kit to conduct the post mortem of the

deceased. You have to please inform accordingly

by the result of the post mortem.

Sd/- C- Achhe Lal Yadav

 40

Encl: 1. Panchayatnama 2 pages

2. Sample seal 1 Page

3 Copy of Report 1 Page

4 Memo 1 Page

5 Original Application 1 Page

6 R.I. Report 1 Page

7 CMO Report 1 Page

8 Photograph Dead body 1 Page

9 Challan dead body 1 Page

Sd/- C-Acche Lal

P.S. Atarra Distt. Bandra

11/04/2022

TRUE TRANSLATED COPY

 41
ANNEXURE P/3

Post Mortem House Farukhabad PMR No. 352/2021

Post Mortem Examination Report Form for Uttar

Pradesh

Date: 11/04/2022 Form No. ………..

Name of the Medical Officer conducting the post

Mortem

Dr. Jeevan Prakash. M.O. CHC Naraini, Banda

Date & time of receiving the dead body with

forms: 12:30 PM to 1:30 PM

DESCRIPTION:

1 (a) Name of the deceased: Sugam Gupta @

Atul Gupta S/O Jagdish Gupta R/O Naraini Road,

Atarra, P.S. Atarra Banda

2 Age 30 years Male

3 Name of police employee brought the dead body

CP Acche Lal P.S. Atarra

4 Name of the persons identifying the dead body:

As above
 42

List of Inspection:

1. General: Body in two parts

Foot to Neck 147 Cm & neck to head 10 Cm

2 Physical Description: Average Body

5 wearing Clothes: Pent Shirt, Vest & underwear

6 (a) Post Mortem Changes:

(I) As seen in inquest

(II) presence of post mortem Stiff

(III) Temperature

(b) position at the time of post mortem

examination

(I) External General Appearance

(II) Position Eyes: Closed; mouth: closed;

tongue: Pale; Nails: NAD

ANTE MORTEM INJURIES:

1. Crush injury at Neck

2. Multiple abrasion and contusion about 13 X 9 cm

at left face
 43

3 Lacerated wound about 3 X 1.5 cm at Flexor

aspect of wrist

4 Lt. mandible Facture

INTERNAL EXAMINATION:-

1. Head:

(a) Scalp: NAD

(b) Skull: NAD

(c) membranes: Congested

(d) Brain & its weight: NAD Congested

(e) Orbital, Nasal & Aural Cavities Finding: NAD

2. Neck

Mouth, Tongue & Pharynx NAD

Larynx & Vocal Cords Lacerated

Thyroid & other presence:

Trachea Hyoid Bone: Frotered

3 Chest: NAD

Ribs & Chest Wall NAD

Oesophangus NAD
 44

Chambers of Trachea NAD

Pleura NAD

Pleural Cavity NAD

Lungs: Pericardium & Pericardium Sec. NAD

Heart findings & its weight Rt Full Lt

Large Blood Vessel

4 Abdomen: NAD

Condition of Abdominal Wall

Peritoneum & Peritoneal Cavity:

Wall Condition, contents & Smell: About 100 gms

pasty food nature present

Small intestine and appendix: Gases

Large intestine & mesenteric Vessel: Gases

Liver including Gall Bladder: Half full

Spleen NA

Pancreas

Kidney Findings
 45

Urinary Bladder & Ureter: about some urine

present

Pelvic Cavity Tissues: NAD

5 Genital Organs NAD

Spinal Column & Spinal Cord: not opened

6 Description of probable time of death and of last

consuming Food (If possible)

OPINION:

1. Probable time of Death: About half of a day

2 Cause & manner of Death: On the basis of

conclusion & in my opinion the cause of death:

Shock & Hemorrhage

(a) Immediate Cause

(b) Due to Ante Mortem injury

3 Any other:

Specimens collected and handed over:

 46

(a) viscera (small intestine with contents, liver

sample including gall bladder); Kidney, Spleen

pieces with blood sample, any other viscera

(b) Clothes

(c) Photographs, Finger Prints NAD

(d) External substances (Bullet, loop etc.)

(e) Preservative Sample in case of unknown dead

body

(f) DNA sample in case of unknown dead body

(g) Sample seal

(h) Inquest Papers: with initials

Post mortem 1st report in original with 11 inquest

papers, body & clothes in sealed condition

handed over to CP Achhe Lal P.S. Atarra

Sd/-
Dr. Jeevan Prakash
M.O. CHC Naraini Banda

TRUE TRANSLATED COPY

 47
ANNEXURE P-4

FIRST INFORMATION REPORT

(Under Section 154. Cr.P.C.)

1. District: Banda P.S.: Atarra Year: 2022

FIR No. 0095 Date and Time of FIR: 14/04/2022

20:56 HRS

2. S. No. Acts Sections

1. IPC 1860 302

2. IPC 1860 201

3. (a) Occurrence of offence:

1 Day: Sunday Date from Date To

10/04/2022 10/04/2022

Time Period Time From Time To

Prahar 1 00:00 Hrs: 00:00 Hrs

(b) Information received at P.S. Date: Time:

14/04/2022 20:23 Hrs

(e) General Diary Reference Entry No. Date and Time:

030 14/04/2022
20:23 Hrs

4. Type of Information: Written

5. Place of Occurrence:

1. (a) Direction and distance from P.S. Beat No.

North-West, 01 KM

(b) Address: From Model Wine Shop till Lohiya Bridge,

Near Railway Track, Wahad Kasba, Atarra.
 48

(c) In case, outside the limit of this Police Station, then

Name of P.S.:

District (State):

6. Complainant / Informant

(a) Name: Shri Jagdish Prasad Gupta

(b) Father’s Name: Late Sh. Mannu Lal

(c) Date/Year of Birth: 1967 (d) Nationality: Indian

(e) UID No.:

(f) Passport No.:

Date of Issue: Place of Issue:

(g) ID Details (Ration Card, Voter ID Card, Passport, UID No.,

Driving License, PAN)

S. No. ID Type ID Number

(h) Occupation:

(i) Address:

S.No. Address Type Address

1 Present Address Resident Naraini Road Atarra,

Atarra, Banda, Uttar
Pradesh India
2 Permanent Address Resident Naraini Road Atarra,
Atarra, Banda, Uttar
Pradesh India

(i) Phone number: Mobile: 0

7. Details of known / suspected / unknown accused with full

particulars:

Accused More Than: 0

S. No. Name Alias Relative’s Present Address

Name
 49

1 Raja Dwivedi Father’s Name: 1. Resident of

Kailash Dwivedi Atarra, Atarra,

Banda, Uttar
Pradesh, India

2 Rajendra Dwivedi Father’s Name: 1. Permanent

Manager Resident of
Mahindra Agency Unknown Karvi, Karvi,
Atarra Kotwali Nagar,
Chitrakoot,
Uttar Pradesh,
India

3 Saurabh alias Father’s Name: 1. Resident of

Hanua Gupta Shrikant Shashtri Nagar,
Banda Road,
Atarra, Banda,
Uttar Pradesh,
India

4 Baura Father’s Name: 1. Resident of

Unknown Unknown

8. Reasons for delay in reporting by the complainant / informant:

9. Particulars of properties of interest:

S. No. Property Category Property Type Description Value

10. Total value of property (In Rs/-):

 50

11. Inquest Report / U.D. case No., if any:

S. No. UTDB Number

12. First Information contents:

Written Copy Hindi Typed ........ To, Station House Officer,

Kotwali, Atarra, Banda. Sir, it is requested that the applicant is a
native of Naraini Road Town, Atarra District Banda, the
applicant’s son Sugam alias Atul runs a small grocery shop at
home on 10.04.2022 at around 1 pm and went home for the
purpose of seeing the Ram Navami Exhibition at that time at 5.24
in my mobile number 9450987194 I received information from Ph.
No. 7905961553 that your son has taken Rs. 30,000/- and he has
been beaten a lot here and you should come and I was made to
speak with my son. Atul told that father, I did not steal money from
anyone, false allegations are levelled against me. This phone call
was made by the salesman of Model Wine Shop, Banda Road,
Atarra. Similarly, the salesman called my brother-in-law (Saala)
Lalit’s phone number 6355984467 from his above number at 5.30
pm and made him talk to Atul and told him the whole thing then
my brother-in-law (Saala) Lalit called his uncle (Chacha) Pappu
S/o Shri Bhagwandas R/o Ramlila Road, Atarra and asked him to
go to Atul and at 5.42 pm Lalit called at the phone no. 7905961553
of salesman and spoke to the owner Raja Dwivedi on the same
phone and said that the men of his house are coming, do not beat
Atul now, I reached Model Wine Shop in a while, before me
Lalit’s uncle had also reached. Atul was crying then the salesman
showed the CC footage of 3.17 P.M., the same CC footage of 3.17
P.M of later on was shown in the same CC footage, Atul and
Mahindra Agency Atarra owner, Rajendra Dwivedi, Resident of
Karvi, were seen, footage beyond that was not shown. My boy was
completely dormant and was saying that I was hit a lot by Saurabh
aka Hanua, Baura, Rajendra Dwivedi and shop owner Raja
Dwivedi and are making false allegations against me saying that I
have taken money out of his purse, whereas I have not gone
anywhere and has no money with me. Raja Dwivedi said that he
needs his thirty thousand rupees. I said that when you guys have
searched and he has not gone anywhere from here then where did
 51

the money go, Raja Dwivedi said that he does not know, he needs
the money, otherwise he will not let him go. I left saying that you
should get satisfied and when you get satisfied then send my son
home. Raja Dwivedi son of Kailash Dwivedi is a domineering
person and influential, I did not talk much out of fear also did not
inform the police and came home. At around 08:30 I again went
towards the Model Wine Shop and did not find my son there.
When asked the people sitting there, they did not give the correct
answer. After this, I went home disappointed. At 11.39 PM, my
other son Harshit aka Golu mobile number 6388987980 got call
from no. and asked where is your brother, he said that I am in
Bombay, so he said that Atul’s dead body is lying near the Lohiya
bridge, then Golu called me, then I went to the spot where Raja
Dwivedi was present, my boy’s head cut dead body was lying
between the two tracks and head was lying at some distance which
I recognized my son Atul. Seeing the condition of the corpse, it
seemed clear that the dead person has been placed in the middle of
the tracks, then the Panchanama of the corpse has been done and
then postmortem of the corpse was done. I was informed that the
recording of the CC camera mounted in the Model Wine Shop has
been replaced so that the record of Atul’s presence disappears as
there was record of Rajendra Dwivedi and Atul sitting in the shop
and there being a shuffle and there must be record of assault also.
I was only shown that Atul and Rajendra Dwivedi were shuffling
over the purse, Rajendra and Raja Dwivedi are known to each
other I am sure that Raja Dwivedi son of Kailash Dwivedi resident
Atarra, Rajendra Dwivedi son of unknown Manager Mahindra
Agency Atarra, Saurabh aka Hanua Gupta son of Srikant Shastri
Nagar Banda Road Atarra and Baura son of unknown has together
killed my son Atul aka Sugam and to distort the incident, the
corpse is placed between the rail tracks. Therefore, I pray that my
report is registered and legal action please be taken. Complainant
Jagdish Prasad Gupta S/o late Mannulal Gupta R/o Naraini Road
Atarra PS-Atarra, District-Banda dated 14.04.2022 S.D. Hindi
Unreadable Hm/cm Register the Complaint. S.D. Hindi
unreadable SO 14/4/22 Note – I, Cont. Arvind Rahi PNO
912450186 certify that the copy of the Complaint has been
recorded word by word. No word has been deleted or added.
 52

13. Action taken: Since the above information reveals commission

of offence(s) u/s as mentioned at Item No. 2.

(1) Registered the case and took up the investigation or

(2) Directed (Name of I.O): Hari Sharan Singh

Rank : SI (Sub-inspector)

No.: 972469241 to take up the Investigation

or

(3) Refused investigation due to

or

(4) Transferred to P.S. : District:

on point of jurisdiction.

F.I.R. read over to the complainant/informant, admitted to be

correctly recorded and a copy given to the complainant /informant,
free of cost.

R.O.A.C.

Sd/-

14. Signature/Thumb impression of the

complainant / informant

15. Date and time of dispatch to the court

Signature of Officer in charge,

Police Station

Name : PS ATARRA
Rauk : I (Inspector)
No. : 9454403032

TRUE TRANSLATED COPY

 53
ANNEXURE P/5

f) Description:

Witness statement... Jugal Kishore Gupta alias Pappu S/o

Bhagwan Das aged 45 years, resident of Mohalla Subhash Nagar,
in front of police station, Ramlila Road Town and Police Station-
Atarra, District-Banda Mob. No 8299726480 stated on being
enquired that I am the uncle-in-law of Jagdish Gupta on the day of
incidence dated 10.04.2022, it was the festival of Ram Navami, we
were present at our respective homes. That' is when, salesman of
Model wine shop of Raja Dwivedi, Uma Kant Upadhyay son
of Ram Naresh resident of Mohalla Bhawaniganj, Naraini Road,
Atarra, Banda, called Jagdish and Lalit Gupta from their mobile
no. 7905961553 and informed that son of Jagdish namely Sugam
Sugam aka Atul Gupta is being beaten by Raja Dwivedi alias Shiv
Naresh S/o Kailash Prasad resident of in front of the ship building,
Atri Nagar, Atarra, Banda, who is originally a resident of village
Dikhitwara, Police Station-Atarra, Banda and his partner Baura
Yadav S/o Lala Yadav resident of Barura sewda, Police Station-
Naraini, District-Banda and Rajendra Kumar Dwivedi son of Late
Surendra Kumar Dwivedi resident of Purva of Shobha Singh
Road, Karvi, who is originally resident of Village Goda Madayan,
Police Station-Bahilpurwa, Chitrakoot and one or two of his
companions are fighting together on the allegation of theft of thirty
thousand Rupees. Jagdish came to my house on this information
then I also went to the spot with Jagdish and saw in the model
shop, here Raja Dwivedi, Baura Yadav, Rajendra Dwivedi, who is
the owner of Mahindra Tractor Agency and another person whose
name was later revealed by people seeing the CCTV that he is Shiv
Kumar Patel S/o Prayagdutt, resident of Brahman Basti,
 54

Shivrampur, Police Station-Karvi, Kotwali District - Chitrakoot,

and Ravi Jaiswal, who runs the canteen at Model Shop, are beating
my nephew Atul Gupta with Stick (Danda), Chaila and Patra.
When we reached there and requested to stop then Raja Dwivedi
and his accomplices stated that 30000 rupees of Rajendra Dwivedi
has been stolen return the money only then I would let Atul go. At
the same time, my nephew Lalit Gupta also requested Raja
Dwivedi not to beat up over the phone, then we requested Raja to
let Atul go, we will return your money. But Raja Dwivedi's
companions were adamant that they give the money, then we
asked Atul what was the matter, then Atul told that I did not steal
the money, they are making false allegations against me. Then we
asked Atul to come home then Atul was not leaving due to fear,
then in anger Jagdish also said bad things to him and I also hit him
with a stick that why do you steal. We reached the model shop at
around 05.30 pm and by 6:00 or 6.15 pm we left saying that you
should get yourself satisfied, when you are satisfied then send the
boy home. Raja Dwivedi son of Kailash Dwivedi resident Atarra
is a very domineering person and is influential and we did not say
anything out of fear nor we informed the Police. When we inquired
with the people sitting there, they did not give any correct answer,
after that we went home disappointed and sad. At around 11.39
PM, Atul Gupta's brother Harshit alias Golu got a call from mobile
no. 6388987980 that where is your brother, he said that I am in
Bombay, then he said that Atul's dead body was lying near Lohia
bridge. Then Golu called his father, then his father went to the
spot, where Raja Dwivedi, Baura and Hanua were already present
beheaded body of Atul Gupta was lying in between both the tracks
and head was lying a little far from there Atul was recognised by
 55

his Father after seeing him. Seeing the condition of the dead body,
it was clear that the dead person was kept in the middle of the
tracks, then the postmortem of the dead body was done by doing
panchnama. I have come to know that the recording of C.C.
camera installed in the Model Wine Shop was changed so that the
record of Atul's presence disappears because there are records of
sitting and fighting between Rajendra Dwivedi and Atul in the
shop and there must have been a fight. We were only shown that
Atul and Rajendra Dwivedi were fighting over the purse. Rajendra
Dwivedi and Raja Dwivedi are known to each other and I am sure
that Raja Dwivedi son of Kailash Dwivedi resident Atarra,
Rajendra Dwivedi son of unknown Manager Mahindra Agency,
Atarra, Saurabh alias Hanua Gupta S/o Shrikant, Shastri Nagar,
Banda Road, Atarra and Baura S/o unknown together killed Atul
Gupta alias Sugam and to change the incident put the dead body
in the middle of the railway tracks. Rajendra Dwivedi falsely
accused Atul Gupta of stealing Rs 30,000 and beat him badly in
the model shop, Rajendra Dwivedi's manager Shivkumar Patel and
Raja's servant Baura Yadav and Ravi Kushwaha, who runs a
canteen in the model shop and sells chakhna, all the people are
seen beating Atul Gupta in the CCTV camera, Ravi Kushwaha
gave buttermilk, chili and salt to Shivkumar Patel and said to put
it behind Atul, then Shivkumar was throwing all these things
behind my son by ramming them with a stick. It is visible in the
CCTV camera Raja, Baura and Shivkumar and others started
beating Atul Gupta from 03.25 PM and continued till 05.00 PM.
These people have beaten Atul Gupta with sticks, Patra and
chaila. Looking at the CCTV footage, it seems that these people
have crossed all limits of cruelty. Many other people are seen in
 56

the video who are sitting and inciting to kill and I am enquiring
about them and as soon as I know I will let you know. Everyone
should be punished, no one should be spared. Here is my
statement.

TRUE TRANSLATED COPY

 57
ANNEXURE P/6

F Description:

Statement Witness……Harshit Gupta son of Jagdish Prasad

Gupta, resident of Civil Lines Ward No. 2 Naraini Road, Town
and Police Station- Atarra, District Banda stated on being enquired
that Atul was my elder brother I live in Bombay. On the day of the
incident, on 10.04.2022, I was in Bombay, when Himmat Singh of
my locality called me at 1.39 PM and informed me that Atul was
cut by the train and his body was lying on the railway track at
Lohia Bridge. Then I called my father at 11.59 and told him that
Atul's body was lying on Lohia bridge on the railway track. My
father and Jugal Chacha went to the spot and took action. After
that I came home, I am telling you what I know that my Atul was
beaten up by Raja Dwivedi, Baura Yadav, Rajendra Dwivedi and
Saurabh alias Hanuwa by falsely accusing him of theft in the
model shop and upon his death his dead body was kept at the
railway tracks. You check the truth and punish the guilty, that is
my statement.

TRUE TRANSLATED COPY

 58
ANNEXURE P/7

F) Description:

Statement Witness…..Lalit Kumar Gupta S/o Late Nathuram

Gupta age about 45 years R/o Station Road Khurhund Police
Station- Girwa, District Banda, permanent address- Itra Khurd,
Police Station- Atarra, District-Banda, stated on being enquired
that I am Itra Khurd Pradhan, Atul Gupta was my nephew, on the
day of Ram Navami dated 10.04.2022, during the day Atul had
come to Banda Road to see the procession of Ram Navami. Then,
he sat with Rajendra Dwivedi who is the owner of the Eicher
Tractor at the model shop and started drinking with him. At the
same time, Rajendra started a dispute by making a false allegation
against Atul accusing him of stealing Thirty Thousand Rupees and
called Raja Dwivedi and his manager Shiv Kumar Patel and started
beating Atul brutally, servant Baura Yadav of Raja also started
beating Atul due to which he lost consciousness. Model shop
employee Umakant Upadhyay informed Atul's father and me
about the assault. Atul's father along with my uncle Jugal Kishore
reached the Model Shop and requested Raja not to beat him, but
Raja did not agree and said that he wants his money back only then
he would stop beating him. Then I told Raja Dwivedi over the
phone that I belong to Khurhund and I will get him his money back
and therefore do not beat him. Then Raja and his companions
stopped beating, Atul repeatedly was saying that, he did not steal.
When my uncle and Atul’s father was taking Atul back home then
Raja stopped them and said bring thirty thousand rupees only then
he would let him go. Then my Brother-in-law left and uncle said
that you go and he will drop him by 8.00 to 9.00 pm, then my
brother-in-law and uncle went back home. After this, my uncle
Jugal Kishore again came to the model shop at night and tried to
 59

take Atul by E-Rickshaw and Raja and his men did not let Atul go
and at around 10.00 pm when Atul was returning from his second
maternal uncle Munna Gupta's place then Raja Dwivedi, Baura
Yadav, Saurabh alias Hanua, Shiv Kumar Patel and Rajender
Dwivedi again caught hold of him and took to Raja’s house
through teacher colony road, whereupon they again assaulted him,
demanding money. Since Atul was highly intoxicated by that time,
he fell down and died. Then Raja who owns Eicher tractor which
is of Grey Color numbered UP-90-H-8923 was called on the
pretext of getting Jagsharan Lambri and Genda Singh's bricks
loaded and loaded Atul's body on the same tractor and was taken
to the railway track and to destroy the evidence, Raja, Baura,
Hanua placed Atul's body on the railway track and gave it a form
of an accident. We have the CCTV footage of beating but we do
not have CCTV footage of murder. Few people have seen Baura
dumping the body of Atul in the Tractor. The tractor is also visible
in the CCTV footage going to and fro. If you will interact with
Golu aka Ankit Verma and Genda Singh and some other people,
the truth about the incident will come out. About a month ago,
some dispute occurred between Atul and Raja near the agricultural
farm. That is when Raja threatened Atul that I would finish you,
this thing was told by Atul to me but we thought that Raja would
kill Atul. Raja is a domineering and rogue kind of person, no
person can testify against him. He takes goods from nearby, and
don’t pay them he is a person of criminal aptitude. I am confident
that Raja aka Shiv Naresh Dwivedi son of Kailash Prasad resident
of in front of Jahaaj building, Atri Nagar, Atarra, Banda permanent
resident of Village Dikhitwara Police Station- Atarra, District-
Banda; Baura Yadav son of Lala Yadav Resident Barua Sevada
 60

Police Station- Naraini, District- Banda; Shiva Kumar Patel S/o

Late Prayagadutt Patel resident of Bramhan Basti, Shivram Pur,
Police Station- Karvi, District- Chitrakut; Rajendra Dwivedi S/o
Late Surendra Prasad Dwivedi resident of Shobha Singh's Purwa,
Allahabad Road, Karvi premanent resident of Village - Goda
Madayan, Police Station- Bahilpurwa, District Chitrakut has
together beaten up Atul and killed him and placed the corpse on
railway track. Because when myself, my brother-in-law Jagdish
and Uncle Jugal Kishore reached there on an information of a dead
body on the railway tracks, Hanua Gupta, Raja Dwivedi and Baura
were already present there. It was almost half past eleven or twelve
o'clock at night, what was the rationale for those people going
there, they were waiting as soon as the police reached, they also
reached the spot. At that time, it seemed like Atul has been killed
somewhere else and brought there and has been laid. Because he
was also wearing slippers and there were no scratch marks on the
body, the head was lying about ten eleven steps away, if it was
railway accident, then whole body would have been deformed.
When I said this on the spot, Hanua had an argument with me, we
would have written the case at the same time but my brother-in-
law was afraid of Raja, when we got the video of assault of those
people, then we filed the Complaint at the police station. All these
people are culprits and they must be punished. Another person
who is seen in CCTV footage is named Ravi Jaiswal son of Lallu
Jaiswal resident of Naganedhi, Police Station- Atarra, District-
Banda recent address Harsha Vardhan Tiwari House, near Bajrang
Post office, Atarra, Banda. He is also guilty because he gave raita
and salt to put behind Atul and told Shiv Kumar Patel to put it at
the backside. Atul went to Munna Bhaiya at around half past nine,
 61

then some information will be known. Raja called Pranjal Soni and
Shiva Pujan Chaurasia in the evening and at night and got the
CCTV footage manipulated and deleted. You should also talk to
those two people you will know the truth. I am telling the truth and
this is my statement.

TRUE TRANSLATED COPY

 62
ANNEXURE P/8

F). Description:

Statement witness….Munna Gupta S/o Kunnulal Gupta Age 54 Year

Resident Khamhora Police Station- Atarra, District- Banda recent
address Lai Mandi Town and Police Station- Atarra, District-Banda
Mob. No. 9170795185 stated on enquiry that Atul is the son of my
aunt's daughter. He is my nephew, on the day of the incident, at
around 9:30 pm, I was sitting at the door of my house when Atul
came to my house in a green e-rickshaw and said that mama give
100/50 rupees, I told him you are already so drunk and still want to
drink more alcohol, I will not give money, then Atul returned on the
same E-rickshaw, after that I have no idea where Atul went.

TRUE TRANSLATED COPY

 63
ANNEXURE P/9

F. Description:

Statement Witness…. Genda Singh S/o Babu Singh age 60 Years

Resident Pindakhar, Police Station- Atarra, District -Banda Mob.
No. 0853821884 stated on enquiry that he owns a shop of country
liquor No. 4 next to model shop which is operated by Bacha Singh.
This is the dispute which is going on with my brother Jagsharan
Singh Lambri. Bricks was bought to erect the wall, the said bricks
were being stolen by Raja Dwivedi, Baura Yadav and Hanua
Gupta at the behest of Jagsharan, between 10.00 and 10.30 pm on
10.04.2022, on Raja Dwivedi's Eicher Tractor, when I received
information till then these people had already taken bricks by the
tractor. When I reached the spot, Raja Dwivedi wearing yellow
kurta was there and Baura was driving the tractor and Hanua was
sitting on it, at the same time on a call of Station House Officer,
two police personnel reached there and stopped them from
carrying the brick, then Hanua told Raja that bhaiya since this
work is not proceeding, till then lets finish another work. After a
while, I got information that a person was lying on the railway
track. Then Hanua went with the policemen, Baura took the tractor
and Raja left on a bike. I suspected at night that these people must
have done some incident. Raja and Baura had gone through Lai
Mandi, I am telling what I saw. That's my statement.

TRUE TRANSLATED COPY

 64
ANNEXURE P/10

Description :

Additional Statement Complainant.... Jagdish Prasad Gupta S/o

Late Shri Manulal Gupta R/o Naraini Road Atarra, police station-
Atarra, District- Banda, on inquiry, told that sir, my son Atul was
a very simple person, he used to get drunk sometimes, so in the
greed of drinking alcohol, he sat with Rajendra Dwivedi, but they
falsely accused him of theft and beat him up and killed my son 1.
Raja Dwivedi alias Shivnaresh Dwivedi S/o Kailash Prasad
Dwivedi, resident of - In front of Cooperative Bank, Atri Nagar,
Atarra Permanent Address Village Dikhitwara, Police Station
Atarra, District- Banda 2. Rajendra Dwivedi Manager Mahindra
Agency Atarra S/o Late Surendra Prasad Dwivedi R/o Shobha
Singh’s Purva, Allahabad Road, Karvi, District- Chitrakoot
Permanent Address- Village Goda Madayian, Police Station-
Bahilpurwa, District- Chitrakoot 3. Saurabh Gupta alias Hanua S/o
Shrikant R/o Near Shastri Nagar Sanskrit School, Town and Polcie
Station – Atarra, District- Banda 4. Baura Yadav S/o Lala Yadav
R/o Barua Syodha, PS: Naraini, District- Banda and his
companions 5. Shivkumar Patel S/o Late Prayagdutt Patel R/o
Brahmin Basti, Shivrampur, Police Station- Karvi, District-
Chitrakoot after mutually consenting for the same as Raja Dwivedi
had a dispute with my son Atul about a month ago, at that time
Raja Dwivedi had threatened Atul that I will deal with you, Raja
killed my son after getting a chance. Atul had told me about the
dispute but we did not pay heed to it and neither did we complain.
Raja Dwivedi is a domineering and a rogue person and whoever
opposes him he finishes him off and that is why no one is testifying
 65

against him while many people have seen the incident. This is my
statement.

TRUE TRANSLATED COPY

 66
ANNEXURE P/11

Description:

Statement Witness ....... Const. Ranjit Singh PNO No. 212101221

Police Station Atarra, District Banda, on enquiry, told that on
10.04.2022, it was the festival of Ram Navami, that night myself
and Const. Achchhelal were on duty in Cobra Mobile when we left
it was around 10.00 PM, SO Mr. Harisharan Singh had told us that
there is a country liquor shop next to the model shop where both
the brothers Jagsharan Singh Lambri and Genda Singh are having
a dispute. Bricks were bought by Genda Singh for construction and
Jagsharan Singh is removing the bricks with the help of Raja
Dwivedi. On this information, when we went to the country liquor
shop, Jagsharan Lambri, Genda Singh, Raja Dwivedi, Baura,
Saurabh alias Hanua were present there, an Eicher tractor which
was gray in color and whose number was UP90H8923 was there.
On asking, these people were telling that the tractor standing there
is of Raja Dwivedi. Bricks were being loaded on it, when we
opposed, then the tractor left from there. These people were telling
that a trolley had already loaded bricks and has gone from there.
At the same time, Acche Lal got a call from SO Saheb that a person
has been cut on the railway track, immediately go and see. Hanua
immediately said whether any dead body has been found on the
railway track, then we said yes SO sir's call has come. Then Hanua
also started saying that take me too, I will also see, so we refused,
but Hanua sat on our vehicle, so we thought that he is a local man,
he will help in identifying. When we reached the spot, we saw that
the dead body of a boy with his head cut off was lying on the
railway track, he was wearing slippers on both his feet and the dead
body was kept in the middle of both the tracks, his head was lying
 67

at a distance. To whom Hanua first said that oh god, he is dead,

then we said do you recognize him, what is his name, then Hanua
did not tell after sometime Raja Dwivedi and Baura reached the
spot. It seemed as if Raja Dwivedi, Hanua and Bakra were waiting
for us to arrive so that they could also come as soon as the police
reaches the spot. All three were very nervous, but they were not
cremating the dead body. All the three seemed worried, but did not
identify the dead body, after looking at the dead body it seemed
that he had been killed and thrown here. After a while, the
deceased's maternal uncle Lalit and father Jagdish Prasad Gupta
had come and they identified the dead body. And were also telling
that Raja Dwivedi, Baura and some other people had beaten him a
lot this evening. On the spot an argument ensued between Lalit
and Hanua however no Complaint was filed by the father of the
deceased therefore Police proceeded with the Panchayat nama
assuming the same to be train accident. I am stating the truth and
this is my statement.

TRUE TRANSLATED COPY

 68
ANNEXURE P/12

f) Description:

Statement Witness....Pranjul Soni S/o Rajkishore Soni, resident of

Bramh Nagar Police Station, Atarra, District- Banda, age 27 years,
Mo. No. 6389077725, on enquiry, told that I see the work of
CCTV. On the day of the incident, 10.04.2022, at around 3 - 3.30
PM, Ravi Jaiswal alias Chachchu, who runs the canteen in Model
Shop. He called me that there was a theft in the model shop, come
and show me the CCTV footage, then I went to the model shop,
there Raja Dwivedi, Baura, Ravi Jaiswal, Umakant Upadhyay,
Rajendra Dwivedi, Shiv Kumar Patel, Atul Dixit Vakil, Suraj
Gupta, Pramod Upadhyay etc many people were there. I had
shown the CCTV footage to them, in which Atul took some money
out of Rajendra Dwivedi's purse and put it in his pocket, later these
people took the money back. Then after some time Raja Dwivedi,
Baura and Shiv Kumar Patel and Rajendra started fighting with
Atul, we opposed but no one stopped, after some time Atul's
maternal grandfather and father came, then I left the spot. Raja
Dwivedi called me around 12:30 in the night, but I was sleeping
and could not pick up the phone, in the morning I saw his missed
calls. I am telling what I have seen, this is my statement.

TRUE TRANSLATED COPY

 69
ANNEXURE P/13

Description:

Statement witness ........... Shiv Pujan Chaurasia S/o Prakash

Narayan resident of Lakhan Colony, Atarra, Banda, age 33 years
Mo. No. 8840404857 told on enquiry that I see work related to
CCTV footage, on the night of incident I was also sleeping at my
house, around 1 to 1.30 am, I got a call from Sonu salesman that
Raja Bhaiya has come to my house, he is telling that there has been
theft in the model shop, come to model shop urgently, when I
reached model shop, then Raja took me inside by covering the face
from back door, at that time it was about half past one. Raja
Dwivedi, Baura and Hanua and two other people whom I do not
recognize were in the model shop. Raja told me that there was a
fight with a man, there is a recording in the CCTV, delete it, I said
that it will not be deleted and I will not delete it. Raja threatened
me a lot but I didn't tamper with the CCTV. Raja also misbehaved
with me but I refused and went away. At that time five people
present there were very nervous and upset, looking at them it
seemed that some big incident had happened. But those people did
not tell me anything about the incident, what I am telling is the
truth, this is my statement.

TRUE TRANSLATED COPY

 70
ANNEXURE P/14

Description:

Statement witness.. .. Shubham Sahu S/o Kallu Sahu aged 19 years

resident of Lai Mandi, Town and Police Station: Atarra, District-
Banda, M.No. 6387070753 told on enquiry that on the night of
incident myself and Rinku were coming back after watching
Ramlila, a dispute was going on between Genda Singh and his
brother Jagsharan at the country liquor shop, Raja Dwivedi, Baura
and Saurabh were also there. A gray colored Eicher tractor was
standing, which Baura was driving and Saurabh was sitting. We
stopped and started watching. By then two policemen had come,
they asked not to load the brick and got the tractor removed from
there, then the policemen got a call from the station house officer
that a person has been cut off on the railway track at Lohia bridge.
On this information Saurabh Gupta went along with the police men
towards the railway track we also had a desire to go and see, then
Rinku and myself went to the spot, Raja Dwivedi and Baura had
also reached there by motor cycle. But those people did not
recognize Atul's dead body. When we reached there then after
seeing the dead body, we told that this is Atul Gupta, who lives on
Naraini Road at that time Raja Dwivedi, Baura, and Saurabh were
panicking and they had parked the tractor somewhere. I had called
Himmat Singh, a boy of Atul's locality, and told him to inform
Atul's house that he has been cut off from the train, then Himmat
told Atul's house, then Atul's father, maternal grandfather and
maternal uncle had come to the spot. At that place Saurabh Gupta
also had an argument with Atul's maternal uncle Lalit, at the same
 71

time he was saying that he was beaten for two hours in the evening
and put on the railway track. By looking at the dead body it seemed
like that body has been kept after killing. Because the head was
cut off, there was no injury on the body and slippers were also
worn by him apart from that I have no other information. This is
my statement.

TRUE TRANSLATED COPY

 72
ANNEXURE P/15

Description:

Statement witness…..Rinku Gupta S/o Harishankar Gupta aged 28

years resident of Atri Nagar, Lai Mandi, Atarra, Banda M. No.
9793070898, on enquiry told that on the night of incident myself
and Shubham had returned from Gaura Baba after seeing Ramlila,
when we reached the Country Liquor Shop, Raja Dwivedi, Baura
Yadav and Hanua Gupta were standing there with Eicher tractor,
a dispute was going on between Genda Singh and his brother
Jagsharan Singh, Baura Yadav was driving the tractor and Saurabh
was sitting there, we stopped and started watching. By then two
policemen had come, they asked not to load the brick and got the
tractor removed from there, then the policemen got a call from the
station house officer that a person had been cut off on the railway
track at Lohia bridge. On this information Saurabh Gupta went
along with the police men towards the railway track we also had a
desire to go and see, then Shubham and myself went to the spot,
Raja Dwivedi and Baura had also reached there by motor cycle.
But those people did not recognize Atul's dead body. When we
reached there then after seeing the dead body, we told that this is
Atul Gupta, who lives on Naraini Road at that time Raja Dwivedi,
Baura, and Saurabh were panicking and they had parked the tractor
somewhere. Shubham Sahu had called Himmat Singh, a boy of
Atul's locality, to inform Atul's house that he has been cut off from
the train, then Himmat told Atul's house, after that Atul's father,
maternal grandfather and maternal uncle had come to the spot. At
that place Saurabh Gupta also had an argument with Atul's
 73

maternal uncle Lalit, at the same time he was saying that he was
beaten for two hours in the evening and put on the railway track.
By looking at the dead body it seemed like that body has been kept
after killing. Because the head was cut off, there was no injury on
the body and slippers were also worn by him apart from that I have
no other information. This is my statement.

TRUE TRANSLATED COPY

 74
ANNEXURE P/16

Description:

Statement eye-witness..... Golu alias Ankit Verma S/o Nanna

Verma aged 25 years resident of Banda Road, Lai Mandi, Behind
SBI, Atarra, Banda M. No. 9026542647, on enquiry told that I
carry liquor from the government godown and deliver it the liquor
shop by my pickup. I also deliver liquor to Raja's model shop. On
the day of the incident 10.04.2022, I went to unload liquor at
around 4 o'clock, then I saw that Raja Dwivedi, Baura and Owner
of Mahindra Agency, Rajendra Dwivedi and his manager Shiv
Kumar Patel were beating Atul Gupta badly with sticks and
pouring raita and salt behind his body I kept the Liquor and left as
I could not bear the same, I discussed the same with one or two
persons, when I returned from Badausa at around 10.00 to 10.30
PM in the night after delivering the goods, when I reached near
Teachers Colony turn in front of SBI and saw that Baura Yadav
was carrying a man on his back and keeping him in a tractor
trolley, Raja Dwivedi and Hanua Gupta were standing there. Two
other people whom I could not see properly were also standing,
then I went towards my house and tractor went towards the railway
crossing through Lai Mandi. When the headless dead body of Atul
Gupta was found on the railway track the next day, then I
understood that in the evening, Atul was beaten up by these people
so after killing him they loaded the body on a tractor and threw it
on the railway track. I had also told this to Atul's maternal uncle
Lalit Gupta. I am telling you the truth but Raja is a domineering
man and rogue man and whosoever speaks against him, he beats
 75

him up. That is why don't make my name public. I told you the
truth of what I saw, this is my statement.

TRUE TRANSLATED COPY

 76
ANNEXURE P/17

FINAL FORM/ REPORT

(Under Section 173 C.R.P.C.)

IN THE COURT OF: CJM BANDA

1. District: Banda

P.S.: Atarra Year: 2022

FIR no.: 0095 Date: 14/04/2

2. Final Report / Charge Sheet No.: 01

3. Date: 08/05/2022

4. S. No. Acts Sections

1. I.P.C 1860 302

2. I.P.C 1860 201
3. I.P.C 1860 34
4. I.P.C 1860 147

5. Type of Final Form/ Report Charge sheet:

6. If FR Unoccurred:

7. If Charge sheet:

8. Name of I.O, at the time of charge shoot:

ANOOP KUMAR DUBEY

Rank: (Inspector) No.: 072410211

9. (a) Name of complainant / Informant

Shri Jagdish Prasad Gupta

(b) Father's Name: Late Sh. Mannulal Gupta

 77

10. Details of Properties/ Articles/ Documents recovered/ seized

during investigation and relied upon:

S. Property Estimated Police Station From Whom/

Disposal
No. Description Value Property where reversed
(in Rs) Register No. or seized

11. Particulars of accused persons charge- sheeted:

S.No. (Sr. No.): 1

(i) Name: Raja Dwivedi alias Shiv Naresh Dwivedi

Whether verified: Yes

(ii) Father's Name: Kailash Prasad Dwivedi

(iii) Date/ Year of birth: 1977

(iv) Sex: Male

(v) Nationality: India

(vi) Passport No.:

Date of Issue:
Place of Issue:

(vii) Religion:

(viii) Whether SC/ST/OBC

(ix) Occupation:

(x) Address:

S.No. Address Type: Address

1. Current address in front Cooperative Bank,

Atri Nagar
Banda Road Atarra,
Banda, Uttar
Pradesh, India.
 78

2. Permanent address Village Dikhitwara,

Atarra, Banda,
Uttar Pradesh, India.
Whether verified (What are verified): Yes

Regular Criminal No. (If known)

(xii) Date of arrest:

(xiii) Date of release on bail:

(xiv) Date on which forwarded to court

(xv) Under Acts & Sections:

S. No. Acts Sections

1. I.P.C 1860 302

2. I.P.C 1860 201

3. I.P.C 1860 34

4. I.P.C 1860 147

(xvi) Details of bailers / sureties

Name (Name):

Father's/Husband's Name:

Occupation:

Address:

S.No. Address Type: Address

Identification: Date of Birth:

UID Number
Any Other ID Proof :

S.No. ID Type ID Number

 79

(xvii) Previous convictions with case references:

(xviii) Status of the accused: In judicial custody

(xix) Brief details of crime related with accused:

(xx) Crime evidence related with accused:

S.No. 2

(i) Name: Baura Yadav

Whether verified: Yes

(ii) Father's Name: Lala Yadav

(iii) Date/ Year of birth: 1997

(iv) Sex: Male

(v) Nationality: India

(vi) Passport No.:

Date of Issue:
Place of Issue:

(vii) Religion:

(viii) Whether (SC/ ST/ OBC): Other Backward (OBC)

(ix) Occupation:

(x) Address:

S.No. Address Type Address

1. Present Address Residence Shivnaresh

Dwivedi alias Raja,
Village-Dikhitwara
Atarra, Banda,
Uttar Pradesh, India

2. Permanent Address Resident of Barua

 80

Sevdha, Naraini,
Banda, Uttar Pradesh,
India.
Whether verified (What are verified?): Yes

Regular Criminal No. (If known):

(xii) Date of arrest: 08/04/2022

(xiii) Date of release on bail:

(xiv) Date on which forwarded to court

(Date sent to court):

(xv) Under Acts & Sections:

S. No. Acts Sections

1. I.P.C 1860 302

2. I.P.C 1860 201

3. I.P.C 1860 34

4. I.P.C 1860 147

(xvi) Details of bailers / sureties

Name (Name):

Father's/Husband's Name:

Occupation:

Address:

S.No. Address Type: Address

Identification: Date of Birth:

UID Number
Any Other ID Proof (Other Certificate):

S.No. ID Type ID Number

 81

(xvii) Previous convictions with case references:

(xviii) Status of the accused: In judicial custody

(xix) Brief details of crime related with accused:

(xx) Crime evidence related with accused:

S.No. 3

(i) Name: Rajendra Dwivedi Manager Mahindra Agency Atarra

Whether verified: Yes

(ii) Father's Name: Late Surendra Prasad Dwivedi

(iii) Date/ Year of birth: 1966

(iv) Sex: Male

(v) Nationality: India

(vi) Passport No.:

Date of Issue:
Place of Issue:

(vii) Religion:

(viii) Whether SC/ST/OBC: General

(ix) Occupation:

(x) Address:

S.No. Address Type Address

1. Current address Resident of Shobha Singh’s

Purva Allahabad Road
Karvi, Karvi Kotwali
Nagar, Chitrakoot, Uttar
Pradesh, India.
 82

2. Permanent address Village Goda Madaiyan,

Bahilpurwa, Chitrakoot,
Uttar Pradesh, India.
Whether verified (What are verified?): Yes

Regular Criminal No. (If known):

(xii) Date of arrest: 24/04/2022

(xiii) Date of release on bail:

(xiv) Date on which forwarded to court

(Date sent to court):

(xv) Under Acts & Sections:

S. No. Acts Sections

1. I.P.C 1860 302

2. I.P.C 1860 201

3. I.P.C 1860 34

4. I.P.C 1860 147

(xvi) Details of bailers / sureties

Name (Name):

Father's/Husband's Name:

Occupation:

Address:

S.No. Address Type: Address

Identification: Date of Birth:

UID Number
Any Other ID Proof:

S.No. ID Type ID Number

 83

(xvii) Previous convictions with case references:

(xviii) Status of the accused: In judicial custody

(xix) Brief details of crime related with accused:

(xx) Crime evidence related with accused:

S.No: 4

(i) Name: Shiv Kumar Patel

Whether verified: Yes

(ii) Father's Name: Late Prayagdutt Patel

(iii) Date/ Year of birth: 1991

(iv) Sex: Male

(v) Nationality: India

(vi) Passport No.:

Date of Issue:
Place of Issue:

(vii) Religion:

(viii) Whether SC/ST/OBC: Backward Class (OBC)

(ix) Occupation:

(x) Address:

S.No. Address Type Address

1. Current address Resident of Brahmin

Basti ShivramPur, Karvi
Kotwali Nagar,
Chitrakoot, Uttar
Pradesh, India.
 84

2. Permanent address Resident of Brahmin

Basti ShivramPur, Karvi
Kotwali Nagar,
Chitrakoot, Uttar
Pradesh, India.

Whether verified (What are verified?): Yes

Regular Criminal No. (If known):

(xii) Date of arrest: 24/04/2022

(xiii) Date of release on bail:

(xiv) Date on which forwarded to court

(Date sent to court):

(xv) Under Acts & Sections:

S. No. Acts Sections

1. I.P.C 1860 302

2. I.P.C 1860 201

3. I.P.C 1860 34

4. I.P.C 1860 147

(xvi) Details of bailers / sureties

Name (Name):

Father's/Husband's Name:

Occupation:

Address:

S.No. Address Type: Address

Identification: Date of Birth:

UID Number
 85

Any Other ID Proof:

S.No. ID Type ID Number

(xvii) Previous convictions with case references:

(xviii) Status of the accused: In judicial custody

(xix) Brief details of crime related with accused:

(xx) Crime evidence related with accused:

S.No: 5

(i) Name: Saurabh Gupta alias Hanua

Whether verified: Yes

(ii) Father's Name: Shrikant Gupta

(iii) Date/ Year of birth: 1997

(iv) Sex: Male

(v) Nationality: India

(vi) Passport No.:

Date of Issue:
Place of Issue:

(vii) Religion:

(viii) Whether SC/ST/OBC: Backward Class (OBC)

(ix) Occupation:

(x) Address :

S.No. Address Type Address

1. Current address Near Sanskrit Vidyalaya,

Shastri Nagar, Atarra,
 86

Banda, Uttar Pradesh,

India

2. Permanent address Near Sanskrit Vidyalaya,

Shastri Nagar, Atarra,
Banda, Uttar Pradesh,
India.

Whether verified (What are verified?): Yes

Regular Criminal No. (If known):

(xii) Date of arrest: 24/04/2022

(xiii) Date of release on bail:

(xiv) Date on which forwarded to court

(Date sent to court):

(xv) Under Acts & Sections:

S. No. Acts Sections

1. I.P.C 1860 302

2. I.P.C 1860 201

3. I.P.C 1860 34

4. I.P.C 1860 147

(xvi) Details of bailers / sureties

Name (Name):

Father's/Husband's Name:

Occupation:

Address:

S.No. Address Type: Address

 87

Identification: Date of Birth:

UID Number
Any Other ID Proof:
S.No. ID Type ID Number

(xvii) Previous convictions with case references:

(xviii) Status of the accused: In judicial custody

(xix) Brief details of crime related with accused:

(xx) Crime evidence related with accused:

12. Particulars of accused persons not charge sheeted (suspect):

13. Particulars of witnesses to be examined:

S.No Name/M Father/Husba Date/ Occupa Address Type of

ob No. nd Name tion Evidence to
Year
be Tendered
Of
Birth

1. Sh. Father Name: 1967 Present Address: complainant

Jagdish Late Shri Naraini Road Atarra,
Prasad Manglal Atarra, Banda, Uttar
Gupta Gupta Pradesh, India.

Permanent Address: Nr.

Naraini Road Atarra,
Atarra, Bata, Uttar
Pradesh, India.

2. Jugal Father Name: Present Address: Near

Kishore Subhash Nagar Ramlila
Late Shri
Gupta Road, Atarra, Banda,
Bhagwan Das
Alias Uttar State, India.
Pappu
 88

Permanent Address Formal

Near Subhash Nagar Witness
Ramlila Road, Atarra,
Uttar State, India.

3. Harshit Father Name: Present address Near

Gupta Civil Line Naraini
Jagdish
Road, Atarra Bow, Uttar
Prasad Gupta
State, India. Formal
Witness
Permanent Address:
Civil Line Naraini
Road, Atarra Banda,
Uttar State, India.

4. Himmat Father Name: Present Address: Near

Singh Gokhiya Moud, Atarra,
Late Shri
Civil Line Nreeni Raod,
Rajender
Atarra,Banda, Uttar
Singh
State, India.
Formal
Permanent Address: Witness
Piparhari, Nareni,
Banda Uttar Pradesh,
India.

5. Kamlesh Father Name: Present Address:

Kumat Halapatra Railway
Lalji Pater
Patel Station Atarra, Atarra,
Banda, Uttar Pradesh, Formal
Katewall
India. Witness
a
Permanent
Address:Gokul Singh
Ka Purva, Jethwara,
Pratapgarh, Uttar
Pradesh, India.
 89

6. Driver Present Address: Head

Kuldeep Quarter Satna, Satna,
Chowdh Madhya Pradesh India.
ary Train Formal
Permanent Address:
No. Witness
Head Quarter Satna,
15205 Satna, Madhya Pradesh
Lucknow India.
to
Jabalpur
Chitrako
ot
Express

7. Guard Present Address: Head Formal

S.K Quarter Jabalpur, Witness
Gupta Jabalpur, Madhya
Train Pradesh India.
No.
Permanent Address:
15205
Head Quarter Jabalpur,
Lucknow
Jabalpur, Madhya
to
Pradesh India.
Jabalpur
Express

8. Lalit Father Name: Present address:Village Formal

Kumar Late Itra Khurda, Antarra, Witness
Gupta Nathuram Antarra. Uttar Pradesh..
Gupta India

Permanent
Address:Station Road
Kurhard, Girwa, Banda,
Uttar Pradesh.

9. Munna Father Name: Present Address: Formal

Gupta Kannu lal Halpata Lai Witness
Gupta Mandi,Kasba Atarra,
Atarra Banda Uttar
Pradesh. Permanent
 90

address:Khimora
Atarra, Banda, Uttar
Pradesh, India.

10. Shubham Father Name: Present Address: Lai Eyewitness

Sahu Kallu Sahu. Mandi, Kasba Atarra, Evidence
Atarra Banda Uttar
Pradesh.

Permanent Address: Lai

Mandi, Kasba Atarra,
Atarra Banda Uttar
Pradesh.

11. Rinku Father Name: Present Address: Lai Formal

Gupta Hari Shankar Mandi, Kasba Atarra, Witness
Gupta. Atarra Banda Uttar
Pradesh.

Permanent Address: Lai

Mandi, Kasba Atarra,
Atarra Banda Uttar
Pradesh.

12. Gedha Father Name: Present Address: Formal

Singh Babu Singh Pinndkhar Atarra, Witness
Atarra Banda Uttar
Pradesh.

Permanent Address:
Pindkhar Kasba Atarra,
Atarra Banda Uttar
Pradesh.

13. Pranjul Father Name: Present Address: Eyewitness

Soni Raj Kishor Pinndkhar Atarra, Evidence
Soni Atarra Banda Uttar
Pradesh.
 91

Permanent Address:
Pindkhar Kasba Atarra,
Atarra Banda Uttar
Pradesh

14. Shiv Father Name: Present Address:Lakhan Eyewitness

Poojan Colony Kasba Atarra, Evidence
Paraksh
Antarra Banda, Uttar
Chaurasia Naryan
Pradesh, India

Permanent address.
Lakhan Colony
Madhudarshi

Town Atarra Atarra,

Banda, Uttar Pradesh,
India

15. Golu Father Name: Present Address: Atarra, Eyewitness

Alies Nana Verma Near Banda Road Lai Evidence
Ankit Mandi SBI, Atarra Banda
Verma Uttar Pradesh, India

Permanent Address
Atarra, Near Banda Road
Lai Mandi SBI, Atarra
Banda Uttar Pradesh,
India.

16. Umakant Father Name: Present Address: Eyewitness

Upadhyay Ramnaresh Bhawaniganj Naraini Evidence
Upadhyay Road, Atarra, Banda,
Uttar Pradesh, India

Permanent Address:
Bhawaniganj Naraini
Road, Atarra, Banda
Uttar Pradesh, India
 92

17. Parmod Father Name: Present Address: Semaria Eyewitness

Upadhyay Indrapal Kushal, Atarra, Banda, Evidence
Upadhyay Uttar Pradesh,

India Permanent
Address: Semaria
Kushal, Atarra, Banda,
Uttar Pradesh,

18. Rajkumar Father Name: Present Address: Banda five

Gupta Lare Sh. Road Atarra, Atarra, witnesses
Sudman Banta, Uttar Pradesh,
Prasad Gupta India

Permanent Address:
Banda Road Atarra,
Atarra, Banta, Uttar
Pradesh, India

19. Gaurav Father Name: Present Address: Station five

Kumar Radheshyam Road Kurhand, Girwa, witnesses
Gupta Gupta Banda, Uttar Pradesh
India.

Permanent Address:
Station Road Khurand,
Girwa, Banda, Uttar
Pradesh,India

20. Anoop Father Name: Present Address: Station Road five

Kumar Awadesh Kurhand, Girwa, Banda, Uttar witnesses
Gupta Kumar Gupta Pradesh India.

Permanent Address: Station

Road Khurand, Girwa, Banda,
Uttar Pradesh,India
 93

21. Shankar Father Name: Present Address: Nagnedhi, five

lal Baldev Prasad Atarra, Banda, Uttar Pradesh, witnesses
Kushwah India.

Permanent Address:
Nagnedhi, Atarra, Banda,
Uttar Pradesh, India.

22. Atul Father Name: Present Address: Kasba Road Eyewitne

Kumar Mahendra Atarra, subhash nager ss
Dixit Dixit homepress, Banda, Atarra, Evidence
Banda, Uttar Pradesh, India.

Permanent Address: Kasba

Road Atarra, subhash nager
homepress, Banda, Atarra,
Banda, Uttar Pradesh, India.

23. Ravi Father Name: Present Address: Bajrang near Eyewitne

Jaiswal Late Sh. Lalu Post office hasta ss
Prasad Evidence
Harshvardhan Tiwarika
House, Atarra, Banda, Uttar
Pradesh India.

Permanent Address:
Naghnedhi, Atarra, Banda,
Uttar Pradesh India.

24. Dr. Jeevan Present Address: CHC Nareni Eyewitne

Prakash Compound, Nareni, Banda,, ss
C.H.C Uttar Pradesh India. Evidence
Naraini
Permanent Address: CHC
Nareni Compound, Nareni,
Banda,, Uttar Pradesh India.

25. Sooraj Father Name: Present Address: Mod Naraini Eyewitne

Gupta Kamta Prasad Atarra Banda, Near Municipal ss
Corporation Gobia, Atarra, Evidence
Banda, Uttar Pradesh India.
 94

Permanent Address: Mod

Naraini Atarra Banda, Near
Municipal Corporation Gobia,
Atarra, Banda, Uttar Pradesh
India.

26. Ramadas Father Name: Present Address: Malkhe Eyewitne

Yadav Maunna Purva Ansh Khamhara, ss
Yadav Atarra, Banda Uttar Pradesh, Evidence
India

Permanent Address Malkhe

Purva Ansh Khamhara,
Atarra, Banda Uttar Pradesh,
India

27. Sahurabh Father Present Address: Shastri Eyewitne

singh rathore Name: Nagar Town, Atarra, Atarra, ss
Banda Uttar Pradesh, India. Evidence
Amar
Singh Permanent Address: Shastri
rathord Nagar Town, Atarra, Atarra,
Banda Uttar Pradesh, India.

28. Ayodhya Father Present Address: Kushuma Formal

parsad Name: Atarra, Banda,Uttar Pradesh, Witness
gatekeeper Pradhuma India.
an
Permanent Address: Kushuma
Atarra, Banda, Uttar Pradesh,
India.

29. H.G Tej Father Present Address: Banshikha Punchaya

Bhadur Name: Girva , Banda,Uttar Pradesh, t Nama
Ramdeen India. Dead
Body
Permanent Address:
Evidence
Banshikha Girva , Banda,Uttar
Pradesh, India.
 95

30. Arvind Rahi Permanent Address: Police First

PNO No Station Antarra, Atarra, Banda Evidence
Uttar Pradesh India.
912450186
Present Address: Police
Station Antarra, Atarra, Banda
Uttar Pradesh India.

31. Pawan Kumar Permanent Address: Police police

Pal Station Antarra, Atarra, Banda witness
Uttar Pradesh India.
PNO No.
Present Address: Police
202100674
Station Antarra, Atarra, Banda
Uttar Pradesh India.

32. Ranjeet Singh Permanent Address: Police police

Station Antarra, Atarra, Banda witness
PNO No.
Uttar Pradesh India.
212101221
Present Address: Police
Station Antarra, Atarra, Banda
Uttar Pradesh India.

33. Anche lal Permanent Address: Police police

Station Antarra, Atarra, Banda witness
PNO No.
Uttar Pradesh India.
202101215
Present Address: Police
Station Antarra, Atarra, Banda
Uttar Pradesh India.

34. Suresh Kumar Permanent Address: Police police

Sachan Station Antarra, Atarra, Banda witness
Uttar Pradesh India.
PNO No.
Present Address: Police
862737742
Station Antarra, Atarra, Banda
Uttar Pradesh India.
 96

35. Ajay Yadav Permanent Address: Police police

Station Antarra, Atarra, Banda witness
PNO No.
Uttar Pradesh India.
202101101
Present Address: Police
Station Antarra, Atarra, Banda
Uttar Pradesh India.

36. S.I Sudheer Permanent Address: Police police

kumar Station Antarra, Atarra, Banda witness
chaursia PNO Uttar Pradesh India.
No.
Present Address: Police
182102703 Station Antarra, Atarra, Banda
Uttar Pradesh India.

37. S.I Pawan Permanent Address: Police police

Kumar Station Antarra, Atarra, Banda witness
Panday Uttar Pradesh India.

PNO No. Present Address: Police

Station Antarra, Atarra, Banda
982440418
Uttar Pradesh India.

38. Nukul rai Permanent Address: Police police

Station Antarra, Atarra, Banda witness
PNO No.
Uttar Pradesh India.
162100378
Present Address: Police
Station Antarra, Atarra, Banda
Uttar Pradesh India.

39. Rishi Permanent Address: Police police

Agnihotri Station Antarra, Atarra, Banda witness
Uttar Pradesh India.
PNO No.
Present Address: Police
162394216
Station Antarra, Atarra, Banda
Uttar Pradesh India.
 97

40. Kuldeep Permanent Address: Police police

pateria Station Antarra, Atarra, Banda witness
Uttar Pradesh India.
PNO No.
Present Address: Police
052370700
Station Antarra, Atarra, Banda
Uttar Pradesh India.

41. Dheerender Permanent Address: Police police

Singh Station Antarra, Atarra, Banda witness
Uttar Pradesh India.
PNO No.
Present Address: Police
152100809
Station Antarra, Atarra, Banda
Uttar Pradesh India.

42. Uma Khatriya Permanent Address: Police police

Station Antarra, Atarra, Banda witness
PNO No.
Uttar Pradesh India.
192101383
Present Address: Police
Station Antarra, Atarra, Banda
Uttar Pradesh India.

43. Krsihna Kant Permanent Address: Police police

Station Antarra, Atarra, Banda witness
PNO No.
Uttar Pradesh India.
212102149
Present Address: Police
Station Antarra, Atarra, Banda
Uttar Pradesh India.

44. S.I Permanent Address: Police Research

Harishankar Station Antarra, Atarra, Banda Fellow
Singh Uttar Pradesh India.

PNO No. Present Address: Police

Station Antarra, Atarra, Banda
972469241
Uttar Pradesh India.
 98

16. Brief facts of the case:

Sir, the above mentioned was registered case at Police Station -

Haja, on the complaint of the Complainant Mr. Jagdish Prasad
Gupta, the investigation was being done by the former police
station house officer Mr. Harisharan Singh, after his transfer, the
investigation was handed over to me, inspector-in-charge after
examining all the investigation so far, CD deposition, inspection
of incident site, deposition of witness, examination of
Panchayatnama report, examination of medical report and other
available evidences and based upon doctor's statement, recovery
of stick and Phanti, Chaila and after examination of CCTV footage
and other video clips, against the accused persons of the mentioned
case 1. Raja Dwivedi alias Shivnaresh Dwivedi s/o Kailash Prasad
Dwivedi, age 45, resident of- In front of Cooperative Bank, Atri
Nagar, Atarra permanent resident of Dikhitwara, Police Station-
Atarra, District- Banda 2. Rajendra Dwivedi Manager Mahindra
Agency Atarra S/o Surendra Prasad Dwivedi Age 56 Years
resident of Shobha Singh’s Purva, Allahabad Road, Karvi,
District- Chitrakoot permanent Address Village Goda Madiyan
Police Station- Bahilpurwa, District Chitrakoot 3. Saurabh Gupta
alias Hanua S/o Shrikant Age 25 resident of Shastri Nagar, Near
Sanskrit Vidyalaya, Town and Police Station- Atarra, District-
Banda 4. Baura Yadav S/o Lala Yadav Age 25 Years resident of
Barua Syodha, Police Station- Naraini, District- Banda 5.
Shivkumar Patel S/o Late Prayagdutt Patel Age 31 Years resident
of Brahmin Basti, Shivrampur, PS- Karvi, District- Chitrakoot
 99

offense under Section 302/201/147/34 IPC is well established. The

accused persons had severely beaten the deceased Atul Gupta with
sticks after accusing him of stealing money and had again taken
him at night to Raja Dwivedi's house in the hope of recovering the
money and were interrogating him after beating him since the
deceased Atul Gupta was extremely drunk he died therein
thereafter the accused persons to make it look like accident put the
dead body on the railway track, due to which his head got cut,
therefore there is enough evidence to file charge sheet against the
accused persons. Therefore, accused persons 1. Raja Dwivedi alias
Shivnaresh Dwivedi s/o Kailash Prasad Dwivedi, age 45, resident
of- In front of Cooperative Bank, Atri Nagar, Atarra permanent
resident of Dikhitwara, Police Station- Atarra, District- Banda 2.
Rajendra Dwivedi Manager Mahindra Agency Atarra S/o
Surendra Prasad Dwivedi Age 56 Years resident of Shobha
Singh’s Purva, Allahabad Road, Karvi, District- Chitrakoot
permanent Address Village Goda Madiyan Police Station-
Bahilpurwa, District Chitrakoot 3. Saurabh Gupta alias Hanua S/o
Shrikant Age 25 resident of Shastri Nagar, Near Sanskrit
Vidyalaya, Town and Police Station- Atarra, District- Banda 4.
Baura Yadav S/o Lala Yadav Age 25 Years resident of Barua
Syodha, Police Station- Naraini, District- Banda 5. Shivkumar
Patel S/o Late Prayagdutt Patel Age 31 Years resident of Brahmin
Basti, Shivrampur, PS- Karvi, District- Chitrakoot through challan
charge sheet number 93/2022 dated 08.05.2022 before this
Hon’ble Court. It is pleaded from this hon’ble Court that evidence
be summoned and they be please be punished. Investigation is
closed through present charge sheet.
 100

17. Refer Notice served Date:

(Acknowledgment to be placed)

18. Despatched on: 08/05/2022

19. No. of enclosures: 7

20. List of enclosures: As annexed

IIF:1.pdf, IIF2.pdf, IIF3_1.pdf, IF3_2.pdf, IIF3_3.pdf, IIF3_4.pdf,

IIF3_5.pdf

21. Name and address of the accused, who have not been challaned

whether caught or not:

21a. Suspected accused name, address and age:

21b. Absconding accused name, address and age:

22. Names and addresses of the accused, who have been challaned:

22.a. Name, address and age of the accused on bail:

22b. Mafarur accused name, address and age:

23.Case property (including weapons) with details of where and

when they were recovered and the details of recovering officer and
also whether they were sent to the magistrate or not. :

24. Result of trial:

25. Complete Punishment:

25a. Date :

25b. Place:

25c.Punishment:

Sd/-
8/5/22
 101

Forwarded by Officer Signature of Investigating

in charge Officer submitting
final report/charge sheet
Name: PS ATARRA Name: ANOOP KUMAR DUBEY
Rank: I (inspector) Rank: I (Inspector)
No.(.): 9454403032 No.: 072410211

TRUE TRANSLATED COPY

 102
ANNEXURE P/18

COURT-SESSIONS JUDGE, BANDA.

Bail application number-919 year 2022

CNR-UPBD01-002058-2022

Shivkumar Patel S/o Late Prayagdutt Patel, Resident of Village

Brahmin Basti, Shivrampur, PS Karvi, District Chitrakoot.

Copy

U.P. State

Crime no.- 95 year 2022,

Section 147, 302, 201 / 34 IPC.
Police Station- Atarra, District- Banda.

Order

The first bail application filed on behalf of the applicant / accused

Shivkumar Patel, crime number-95 in 2022, under Section 147,
302, 201 / 34 Indian Penal Code, Police Station - Atarra, District
Banda has been instituted for bail.

Heard the arguments of learned counsel for the applicant/accused

and learned District Government Advocate (Criminal) and learned
counsel for the Complainant on the bail application and perused
the file.

Learned counsel for the applicant/accused submitted that the

applicant/accused is absolutely innocent and not guilty. In the
present case, the applicant/accused has been falsely implicated in
a conspiracy and enmity. The applicant is not the accused named
in the First Information Report related to the said incident, under
the conspiracy, the name of the applicant has been added later on
after conspiring with the police. The Complainant had given an
 103

application on 11.04.2022 to the SHO Atarra that his son Atul was
coming home by train from Banda that he had died after falling
from the train near Lohia bridge after being hit by the train. Four
days after the incident, the First Information Report has been
lodged only on the basis of fabricated facts after careful
consultation, after a bare reading of which it is known that the
father of the deceased is informed by the salesman of Model Wine
Shop through phone of a physical assault on which the latter
reaches the spot and the deceased tells his father the names of those
who assaulted the Complainant, and on the same basis, the
Complainant makes a report naming only those people. If the
applicant was involved in the fight, deceased would have told the
name of the applicant to his father and the applicant would have
also been a named accused, but the applicant was not present at
the time of the incident, so the applicant's name did not come
anywhere, the name of the applicant is added later on under a
conspiracy due to which the applicant is detained in jail since
24.04.2022. On the basis of the CCTV footage, the name of the
applicant and Ravi Kushwaha was added, but later on the name of
Ravi Kushwaha was removed and the name of the applicant was
forcefully kept. While the applicant was neither on the spot at the
time of the incident nor the applicant is seen anywhere in the
CCTV footage. The name of the applicant is being added by
confusing the applicant with another person. The applicant is a
poor and laborer person. The incident is one but it has been told to
happen in three different ways, in this way the incident appears
completely concocted and suspicious. There has been no recovery
of any kind of baton etc. from the applicant, whatever recovery has
 104

been shown is fake. The applicant/accused does not have any prior
criminal history.

Learned District Government Advocate (Criminal) and learned

counsel for the Complainant, vehemently opposing and refuting
the bail application submitted the argument that Atul Kumar alias
Sugam Gupta, son of the Complainant, was killed by the accused
along with the co-accused. The said thing was told to him by Atul
Kumar, Complainant's son himself. The Complainant went to the
spot at around 05:45 P.M. from 06:00 P.M. on receiving the
information on the phone from the salesman of the model wine
shop. The Complainant is the owner of Model Wine Shop. Raja
alias Shivnaresh Dwivedi is a domineering person of Atarra town
and accused Saurabh, Baura and all others follow his orders and
Rajendra Dwivedi is the accomplice of accused Shivnaresh and
accused Shivkumar Patel works with co-accused Rajendra
Dwivedi. Saurabh Gupta alias Hanuva is a criminal capable of
doing anything at the behest of the accused Raja Dwivedi and six
cases are registered against him at Police Station- Atarra. The
accused persons thrashed the boy of the Complainant to death and
took the dead body in a tractor to destroy the evidence and to make
it look like a suicide kept it on the railway line, where his head was
cut off. The accused themselves have accepted the commission of
the incident. Saurabh himself has admitted that he himself along
with Baura and Raja Dwivedi took Atul's dead body in a tractor
and dumped it on the railway track and Complainant's deceased
son himself told the Complainant that Saurabh had killed him. Atul
Gupta was seen at Model Wine Shop till 09:00 PM, he was in a
state of unconsciousness. Atul was again beaten by the accused
 105

and was murdered. Due to the influence of Raja Dwivedi alias

Shivnaresh, the First Information Report is delayed. Details of the
incident are caught on CCTV cameras. Charge sheet has been filed
in the case. The applicant/accused is a person of criminal nature.
Sufficient evidence is available against the applicant/accused for
causing the incident. In the event of being released on bail, there
is a strong possibility of the applicant/accused fleeing and
tampering with the evidence by threatening the witnesses.

According to the prosecution, on 14.04.2022 at 20:23 hrs, the

Complainant Jagdish Prasad Gupta registered a First Information
Report at Police Station Atarra, District Banda to the effect that his
son Sugam alias Atul had a small grocery shop at home. He went
home on 10.04.2022 at around one o'clock in the afternoon to see
the tableau of Ram Navami, then at 05:24, information came in
Complainant’s mobile that his son Atul has taken thirty thousand
rupees, he has been beaten a lot here and you come here and he
was made to talk with Atul also. Atul told that father he did not
took money from anyone, false allegations are being leveled
against him. The above call was made by the salesman of model
wine shop Banda Road Atarra. Similarly, the salesman called his
brother-in-law (Saala) Lalit's phone at 05:30 in the evening and
made him talk to Atul. His brother-in-law Lalit called his uncle
(Chacha) Pappu at Atarra at 05:38 and asked him to go to Atul and
at 05:42 Lalit called the salesman and spoke to the owner Raja
Dwivedi on the same phone and said that the men of his house are
coming, do not beat Atul now and in a short while he reached the
Model Wine Shop. Before that Lalit's uncle had also reached. Atul
was crying, then the salesman showed the CCTV footage of 03:17
 106

PM onwards. In the same CCTV footage Atul and owner of

Mahindra agency Atarra, Rajendra Dwivedi, resident Karvi were
visible, further footage was not shown. His boy was completely
dormant and was saying that he was hit a lot. Saurabh alias Hanua,
Baura, Rajendra Dwivedi and shop owner Raja Dwivedi beat him
up a lot and are making false allegations against him, saying that
he has taken money out of his purse, whereas he has not gone
anywhere and has no money with him. Raja Dwivedi said that he
needs his thirty thousand rupees. He said that when you guys have
searched and he has not gone anywhere from here then where did
the money go, Raja Dwivedi said that he does not know, he needs
the money, no he will not let him go. The Complainant left saying
that you should get satisfied and when you get satisfied then send
his boy home. Raja Dwivedi is a domineering person and
influential. The Complainant did not inform the police out of fear
and came home. At around 08:30 he again went towards the Model
Wine Shop and did not find his boy there. When asked the people
sitting there, they did not give the correct answer. After this, the
Complainant went home disappointed. At 11:39 pm, he called
from the phone of another boy Harshit alias Golu that where is his
brother, he said that he is in Bombay, then he said that Atul's dead
body was lying near Lohia bridge. Then Golu called him, then he
went to the spot. Raja Dwivedi was present there. The headless
dead body of his son was kept between the two tracks and the head
was lying at some distance, seeing which he recognized his son
Atul. From the position of the dead body, it seemed that the dead
person was placed in the middle of the tracks. He has come to
know that the recording has been changed of the CCTV Camera
installed at the Model Wine Shop. He has full faith that Raja
 107

Dwivedi, Rajendra Dwivedi, Manager Mahindra Agency Atarra,

Saurabh alias Hanua Gupta and Baura together have murdered his
son Atul alias Sugam and have put the dead body in the middle of
the railway tracks to change the incident.

It is clear from the perusal of the documents that in the present

case the accused is not named in the FIR but other co-accused are
named in the FIR and accused Rajendra Dwivedi is accused of
assaulting the deceased Atul and injuring him for taking thirty
thousand rupees. As well as it is alleged that he has been laid down
at the railway tracks after taking by the tractor after beating him
and also it is alleged that evidence from the dead body of the
deceased has been tampered with.

The accused has been arrested along with other co-accused and at
their instance, a stick and a phanti chaila used in the incident have
been recovered and the tractor used to transport the dead body has
also been recovered by the police and have collected blood and
plain soil from the railway track and have collected blood samples
and plain soil and pieces of floor from the place of incident, and
the names of all of them have been written separately. In the
General Daily Report dated 21.04.2022, in the details of the
incident, presence of the accused together with the deceased has
been found in the CCTV camera of the model shop and the CCTV
footage has been captured in which the accused is also shown to
be beating up with the other accused. Tampering has also been
found in some footage and all the collected things have been taken
into custody by the Forensic Department. Witnesses have given a
statement supporting the incident. The dead body of the deceased
 108

has been found on the railway with the torso separated from the
body. In the autopsy report of the deceased, in addition to injury
number 1, multiple scratches and blue marks on the face have been
found in a large area and torn wound in the wrist and left jaw and
his death has been found to be due to shock and bleeding due to
antemortem injuries. Finding sufficient evidence against the
accused along with other co-accused, the charge sheet has been
sent. The involvement of the accused in the crime is becoming
clear, the other arguments presented by the defense side and the
accused are all related to the analysis of the evidence and it is not
justified to comment on them at this stage. On the basis of the
evidence collected, the involvement of the accused is becoming
clear in the case and there is evidence available of converting it
into an accident by committing serious murder. The matter is of
serious nature. The bail of co-accused Saurabh Gupta has been
cancelled by this court.

Therefore, keeping in view the seriousness of the crime, there is

no judicial and proper basis for accepting the bail application
submitted by the applicant/accused without expressing any
opinion on the merits of the case. The bail application is liable to
be rejected.
Order
Therefore, the bail application submitted by the applicant/accused
Shivkumar Patel is dismissed.

Dated: 28.06.2022 Sd/-

Presiding Sessions Judge,
Banda
TRUE TRANSLATED COPY
 109
ANNEXURE P/19

IN CASE CRIME NO. 0095 OF

2022, UNDER SECTION
147,302,201/34 I.P.C., POLICE
STATION-ATRRA, DISTRICT
BANDA.

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

**********
IN

CRIMINAL MISC. IST BAIL APPLICATION NO. OF 2022

(Under Section 439 Cr.P.C.)

(DISTRICT-BANDA)

Shiv Kumar Patel S/o Late Prayagdutt Patel,

R/o Village Brahman Basti, Shivrampur, Thana-Kotwali Karwi,
District Chitrakoot

………………Applicant
(In Jail Since-24.04.2022)

Versus
State of U.P. through its Principal Secretary (Home) U.P. at
Lucknow. ..……….......Opp. Party

To,
The Hon'ble the Chief Justice and his companion Judges of
the aforesaid Hon'ble Court.

The humble application on behalf of the humble applicant most

respectfully submits as under

1. That, the full facts have been stated in the accompanying affidavit
which may be treated as part of this application.
 110

2. That, full facts and circumstances of the case have already been
mentioned in the accompanying affidavit which the part of the
present application and in view of the facts and circumstances of the
case mentioned therein, it is desirable in the interest of justice and
equity that this Hon'ble Court may kindly be pleased to release the
applicant on bail in Case Crime No. 0095 of 2022, Under Section
147,302,201/34 I.P.C., Police Station-Atrra, District Banda, during
the pendency of the investigation and trial, otherwise the applicant
shall suffer irreparable loss and injury.

PRAYER

It is therefore, most respectfully prayed that this Hon'ble Court

may graciously be pleased to release the applicant on bail in Case
Crime No. 0095 of 2022, Under Section 147,302,201/34 L.P.C.,
Police Station-Atrra, District Banda, during the pendency of the
investigation and trial, other the applicant shall suffer irreparable and
injury.

Date: 28/07/2022

(SHRI CHANDRA)
Adv. Roll- A/S-1167/12
Advocate
Chamber No.166,
COUNSEL FOR THE APPLICANT
HIGH COURT, ALLAHABAD.
Mobile No. 9935660517.
 111

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

**********
IN

CRIMINAL MISC. IST BAIL APPLICATION NO. OF 2022

(Under Section 439 Cr.P.C.)

(DISTRICT-BANDA)

Shiv Kumar Patel ………………Applicant

(In Jail Since-24.04.2022)
Versus
State of U.P. through its Principal Secretary (Home) U.P. at
Lucknow. ..……….......Opp. Party

Affidavit of Sandhya, aged about 30 year,

W/o Shiv Kumar, R/o Village
Ghuretanpur, Bhadha, Chitrakoot,
District Chitrakoot, Religion - Hindu,
Occupation - Housewife, Aadhar No.
58362528 5227, Mobile No. 8299898150.

(DEPONENT)

I, the deponent above named do hereby solemnly affirm and state

on oath as under:
1. That, the deponent is the wife of the applicant and she is doing
pairavi on behalf of the applicant and as such, the deponent is
fully acquainted with the facts of the case deposed herein below.

2. That, this is the first Criminal Misc. Bail application on behalf

of the applicant in Case Crime No. 0095 of 2022, Under Section
147,302,201/34 I.P.C., Police Station-Atrra, District Banda and
 112

no other bail application was filled or pending before this

Hon'ble Court. Accused/ Applicant is in Jail since 24.04.2022.

3. That, according to the prosecution story is that the son of the

informant one namely Sugam @ Atul was small grocery store
in the house, he had gone away from the house in respect of
Ram Navami's Jhanki at about 1:00 clock noon, at that time at
about 5:24hours an intimation by mobile phone to the mobile of
informant his son namely Atul has withdrawn rupees 30,000/-
he has been beaten a lot you come and I also talked to Atul the
informant further alleged that Atul told that papa, I did not
withdrawn any one's money false accusations are being leveled
against me this intimation was given by salesman of Modal
wine shop. Similarly the salesman had made me talk to my
brother in law Lalit's phone number 6355984467 and called at
5:30 evening and also salesman told him the whole thing too
then his brother-in-law namely Lalit called his uncle Bhagwan
Das resided Ram Leela Road Atrra at 5:38 hours asked him to
go to Atul and at 5:42 pm and said that the men of our house are
coming, do not beat Atul, in a while reached modal wine shop
and the uncle of Lalit also reached there, Atul was crying then
salesman had shown the CC Footage at 3:17 pin at noon in the
same C.C. Footage the owner of Mahendra Agency and Atul
were visible in the Footage and further was not shown, the
informant was further alleged that his boy Atul was completely
released and crying and was saying that he was hitted by
Saurabh @ Hanuwa, Baura, Rajendra Dwevidi and owner of
Shop Raja Dwivedi and false accusations are being leveled
 113

against Atul they were saying that you have withdrawn money
from me, the Atul replied that do not have any money Raja
Dwivedi said that we want rupees 30,000/-, I said that you guys
have searched and he has not gone anywhere from here so where
did the money, Raj Dwivedi said, I do not know, I want money
no we will not left it go the informant saying that you should be
very satisfied when satisfied, send my son home, Raja Dwivedi
is a very domineering person and is influential, I did not talk
much out of fear hence, neither informed the police and went
home, the informant further alleged that at 8:30 pm he went
again toward the Model Shop so there he could not find his boy,
when questioned the people sitting there they did not give my
correct answer then I came back home with disappointed and
sad at 11:39pm. From the phone number my other boy Harshit
@ Golu that where is your brother, he said that Atul's body is
lying near Lohia Bridge. The Golu called me then, I reached
spot, I saw Raja Dwivedi was present there, the be headed
corpse of my boy was placed in the middle at both the tracks
and head was lying at some distance, seeing that, I recognized
my son Atul, the informant further alleged that looking at the
condition of corpse, it was clear that the dead person of the dead
body and post mortam at the dead body has been done, I have
got information the recording at C.C. Camera installed in the
modal shop wine and has been changed so that the record of
Atul's presence disappears, there was record of sitting and
wrapping between Rajendra Dwivedi and Atul and also there
must have been fight, All I am shown is that Atul and Rajendra
Dwivedi seemed to the flirting with the purse, Raja Dwivedi and
 114

Rajendra Dwivedi are in harmony with each other and I belived

that Raja Dwived, Rajendra Dwivedi (Manager of Mehendra
Agency) Saurabh and Baura were killed my son, only to
changed the incident the corpse is kept on the Railway tracks.
The rest of the allegation will be quite evident from the perusal
of the First information report itself. A true/certified copy of the
First information report dated 14.04.2022 is being filed
herewith and marked as Annexure no. 01 to this affidavit.

4. That the occurrence was taken on 10.04.2022 at about

00:00hours and first information report was registered on
14.04.2022 at about 20:56hours by the father Jagdish Prasad
Gupta of deceased against four person Raja Dwivedi, Rajendra
Dwivedi (Manager Mahendra Agency Atrra), 3 Saurabh @
Hanuwa Gupta, 4. Baura hence FIR was registered after 4 days
under section 302, 201 I.P.C. delay inspite of that the applicant
was not named in the said first information report.

5. That, on the basis of the aforesaid first information report the

police at the concern police station reached the place of incident
on 11.04.2022 on the information of one namely Kamlesh
Kumar, (points man) at Railway station Atrra, the police took
the dead body of the deceased (Atul Sugam Gupta) in to
possession and prepared the inquest report, the concern police
also opinion of the panches clearly stated in his inquest report
that deceased looks like he died after being hit by a train. A
photo/typed copy of the inquest report dated 11.04.2022 which
 115

was prepared by the police with the presence of Panches is being

filed herewith and marked as Annexure no. 02 to this affidavit.

6. That, it is relevant to point out here that on the same day the
dead body of the deceased Sugam Gupta Atul send for post
mortam examination which was conducted by concern doctor
on 11.04.2022, the doctor found the Four injuries upon the body
of the deceased and also given his opinioned the cause of the
death of the deceased was "Shock Haemorrage due to
Antemortem injury". A photocopy/typed copy of the post
mortam examination report dated 11.04.2022 which was
conducted by the doctor concern is being filed herewith and
marked as Annexure no. 03 to this affidavit.

7. That, it is also relevant to point out here that the police prepared
Naksa Najri no. 1 on 16.04.2022 in which the concern police
shown the place of incident occurred and also other Naksa
Najari no. 2 prepared by the police in which shown that the dead
body of the deceased (Atul Gupta) was found at the railway
track and the Naksa Najari no. 3 was also prepared on
01.05.2022 by the police concern in which the shown that
Danda was recovered by the accused. The typed
copy/photocopy of Naksa Najari no. 1, 2, & 3 is being filed
herewith and marked as Annexure no. 04 to this affidavit.

8. That, it would not be out of place to mention here that the

investigating officer interrogated the matter and recorded the
statement of witness on 16.04.2022 under section 161 Cr.P.C.
 116

namely Jugal Kishor Gupta, Harsit Gupta (brother of deceased)

on 17.04.2022, Lalit Kumar Gupta (Mama of deceased) on
19.04.2022 Munna Gupta (mama of deceased), Genda Singh is
being filed herewith and marked as Annexure no. 05 to this
affidavit.

9. That, it may be significant to state here that the applicant Shiv

Kumar Patel and Ravi Jaiswal were added the name in the
aforesaid offence during investigation due to C.C. Footage
which was not clear photo in C.C. Footage but the concern
police only exonerate the name of Ravi Jaiswal of the said
offence on the basis of C.C. Footage photo with the suspicion
but the applicant was falsely implicated in the present case
without any delinquency.

10. That, it is also relevant to point out here that Majeed Statement
of the informant namely Jagdish Gupta was recorded on
21.09.2022 after 7 days in which disclosed the name of
applicant in respect of said offence, whereas deceased was not
named the applicant. A photocopy of the Majeed Bayan dated
21.09.2022 is being filed herewith and marked as Annexure no.
06 to this affidavit.

11. That, one things is very relevant to point out here that the First
information report was lodged against 4 person namely Raja
Dwivedi, Rajendra Dwivedi (Manager Mahendra Agency
Atrra), Saurabh @ Hanuwa and Baura, under section 302, 201
1.P.C and without appreciating the real facts and circumstances
 117

of the case added the name of applicant and Ravi Kushwaha son
of Lallu Lal on 21.04.2022. A photocopy/typed copy of
investigation dated 21.04.2022 is being filed herewith and
marked as Annexure no. 07 to this affidavit.

12. That, it is significant to state here that the informant namely

Jagdish Prasad Gupta who is the father of the deceased moved
an application on 11.04.2022 which is the part of Case Dairy in
which clearly stated that his son Sugam Gupta Atul (deceased)
was returning by train from Banda to his house around 10:45 in
the night, he died on the spot due to falling from the train near
lohiya bridge. A photocopy/typed copy of application dated
11.04.2022 moved by father of the deceased is being filed
herewith and marked as Annexure no. 08 to this affidavit.

13. That, the real facts of the case are that the applicant was working
as daily wager wages at the rate of 200/- per day in the
Mahendra Agency owner of co-accused Rajendra Dwivedi and
the work of applicant, from 10:00am to 04:00pm in the
Mahendra Agency used to do cleaning of new tractor and other
articles but the concern police falsely implicated in the aforesaid
offence without any delinquency, whereas applicant was not
present at the time of incident.

14. That, as per aforesaid F.I.R. which was registered by the father
of deceased against four person namely Raja Dwivedi, Rajendra
Dwivedi (Manager of Mahendra Agency), Saurabh @ Hanuwa
Gupta & Baura, not disclosed the name of the applicant in the
 118

said F.I.R. dated 14.04.2022 whereas incident was occurred on

10.04.2022.

15. That, it is relevant to point out here that the deceased was clearly
disclosed the name of accused person Raja Dwivedi, Rajendra
Dwivedi (Manager of Mahendra Agency), Saurabh @ Hanuwa
Gupta & Baura, whereas for committing mar-peet with the
deceased and not a single word has been whispered against the
applicant in respect of committed mar-peet but the concern
police falsely implicated in the aforesaid criminal case without
any delinquency.

16. That, only on the pressure of concern police the informant

dragged the name of applicant in the said offence by his
statement and other witness due to not full fill of illegal
gratification which was demanded by the police concern hence
the police concern added the named of the applicant without any
delinquency and credible evidence.

17. That, neither the applicant was present at the time of occurrence
place nor committed mar-peet with the deceased so deceased
was never disclosed the name of applicant by his father of the
deceased therefore no prima faice offence is made out against
the applicant.

18. That, the applicant moved a bail application no. 919 of 2022
Shiv Kumar Patel Vs. State of U.P. before the court of Session
Judge Banda, the learned court below without appreciating the
 119

material available on record on it correct perspective rejected

the bail application on 28.06.2022 of applicant in daily routine
manner. A free copy of the bail rejection order dated 28.06.2022
is being filed herewith and marked as Annexure no. 09 to this
affidavit.

19. That, the applicant is having no previous criminal history

towards his credit and it is for the first time he has been falsely
implicated in the present case.

20. That, the circumstantial evidences is not forming complete

chain and incapable explanation hypothesis, by the applicant
committed murder.

21. That, the evidence does not conclusively proved guilty of

accused applicant beyond reasonable doubt.

22. That, neither any incriminating link in the chain of

circumstances evidences nor applicant was last seen in the
company of the co-accused at the time of proximate to the later's
death.

23. That, the applicant in jail since 24.04.2022 without committing

any offence.

24. That, the applicant is poor and daily labour person and also law
abiding citizen person.
 120

25. That, the applicant further under takes that if he will be released
on bail, he will not misuse the privilege of bail and cooperate
with the trial.

26. That, there is no chance of absconding or tempering with the

witnesses, if he would be released on bail during pendency of
the trail in the court below.

27. That, there is no any weapon or stick has been recovered from
the possession of applicant, whatsoever has been shown to be
recovered is fake.

28. That, the applicant is ready to furnish reliable sureties to the

satisfaction of this Hon'ble Court.

29. That, keeping in view of aforesaid fact and circumstances it is

expedient in the interest of Justice there this Hon'ble may
graciously be pleased to release the applicant on bail in Case
Crime No. 0095 of 2022, Under Section 147,302,201/34 I.P.C.,
Police Station-Atrra, District Bandą, during the pendency of the
investigation and trial, other the applicant shall suffer
irreparable loss and injury.

I, the deponent above-named do hereby swear and verify

that the contents of paragraphs Nos.
1,2,4,9,13,14,15,16,17,19,20,21,22,23,24,25,26,27,28 of the
affidavit are true to my personal knowledge and that those of contents
of paragraph nos. 3,5,6,7,8,10,11,12,18 of this affidavit are based on
 121

perusal of records and that those of the contents of paragraph

nos._____________ of this affidavit are based on information
received and those of the contents of paragraph no. 29 of this
affidavit are based on legal advice; which all I believe to be true that
no Para of this affidavit is false and nothing material has been
concealed therein.

SO HELP ME GO

DEPONENT

I, SHRI CHANDRA, Advocate, High Court, Allahabad, do

hereby identify the person who is making this affidavit and alleging
himself to be deponent is the same person. The deponent is known to
me from the perusal of papers produced by him before me in the
instant case.
ADVOCATE

Solemnly affirmed before me on this 28 day of May, 2022 at

9.30 am/pm. by the deponent who is identified by the aforesaid
Advocate.

I have satisfied myself by examining the deponent that he has

fully understood the contents of this affidavit, which have been read
over and explained to him.

OATH COMMISSIONER
TRUE COPY
 122
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CR.M.P. NO. OF 2023
IN
SPECIAL LEAVE PETITION (CRL) NO. OF 2023

IN THE MATTER OF:

SHIV KUMAR PATEL -- PETITIONER

VERSUS

STATE OF UTTAR PRADESH -- RESPONDENT

APPLICATION FOR EXEMPTION FROM

FILING OFFICIAL TRANSLATION

To
Hon’ble the Chief Justice of India
and his companion judges of the
Supreme Court of India.

The humble application of

the above named
Petitioner

MOST RESPECTFULLY SHOWETH:-

1. That the Petitioner above named is filing the present Special

Leave Petition in this Hon’ble Court under Article 136 of the
Constitution of India against the impugned Judgment and Final
Order dated 12.04.2022 passed by the Hon’ble High Court of
Judicature at Allahabad Bench in Criminal Miscellaneous Bail
Application No. 33865 of 2022 whereby the Hon’ble High Court
has rejected the prayer of the Petitioner for grant of bail.
 123

2. That the Petitioner submits that Annexure P-1 to P-18 which

is being filed along with the present Special Leave Petition were
originally in Hindi and the Petitioner has got it translated into
English privately as the official translation would have taken a
long time.

3. That the Petitioner, therefore, most respectfully prays:-

PRAYER

a) exempt the Petitioner from filing official translation of

Annexures P-1 to P-18 and/or

b) pass such other and further order(s) as this Hon’ble Court

may deem just and appropriate in the facts and
circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER

AS IN DUTY BOUND SHALL EVER PRAY.

Filed by:

AMIT GAURAV SINGH

Advocate for the Petitioner

New Delhi
Dated: 24 .7.2023
 124
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CR.M.P. NO. OF 2023
IN
SPECIAL LEAVE PETITION (CRIMINAL) NO. OF 2023

IN THE MATTER OF:

SHIV KUMAR PATEL -- PETITIONER

VERSUS
-- RESPONDENT
STATE OF UTTAR PRADESH

APPLICATION FOR CONDONATION OF DELAY IN

FILING SPECIAL LEAVE PETITION

To,
Hon’ble the Chief Justice of India
and his companion Judges of the
Supreme Court of India.
The humble application of the
abovenamed Applicant/Petitioner

MOST RESPECTFULLY SHOWETH:-

1. That the Applicant/Petitioner above named has filed the

present Special Leave Petition in this Hon’ble Court under
Article 136 of the Constitution of India against impugned
judgment and Final Order dated 12.04.2023 passed by the
Hon’ble High Court of Judicature at Allahabad in Criminal
Miscellaneous Bail Application No. 33865 of 2022 whereby
the Hon'ble High Court has dismissed the Bail Application
filed by the Petitioner.
 125

2. That the 90 days for filing the SLP has expired on 12.07.2023
as the pairokar of the Petitioner is the wife of the Petitioner
and being in remote area was not able to come to this Hon’ble
Court within time and could only contact the counsel for the
Petitioner at Allahabad on 10th May 2023 in furtherance of
the dismissal of the bail application.

3. That thereafter the Counsel in Allahabad suggested the name

of the present counsel whereby the Pairokar of the Petitioner
contacted the counsel in Delhi on 13th May 2023 who
suggested the filing of the present SLP and informed about
the requirement of custody certificate in the matter before
filing of the SLP.

4. That Pairokar of the Petitioner thereafter due to financial

constraints could not visit the office of the present counsel in
Delhi for the filing of the present SLP and only visited the
office of the present counsel in Delhi on 15th June 2023 and
visited the office of the present counsel.

5. That counsel herein thereafter sought complete set of

documents which was not brought by the Pairokar of the
Petitioner.

6. That the Pairokar of the Petitioner thereafter took sometime

in arranging for the required complete sets of documents, the
Pairokar of the Petitioner thereafter could only send the same
by courier on 3rd July 2023 which was received in the office
 126
of the counsel only on 06th July 2023 and further instructed
the Counsel to file the present SLP.

7. That the Counsel thereafter took some time to draft the

Special Leave Petition and also took some time to get the
entire translation of documents from Hindi to English.

8. That the Petitioner submits that the Special Leave Petition is

being prepared and filed immediately by the Advocate-on-
Record and in this process, there is a delay of 12 days in
filing the Special Leave Petition.

9. That the Special Leave Petitioner submits that he has a very

good case and therefore pray that the delay of 12 days in
filing the present Special Leave Petition may kindly be
condoned in the interest of justice as the same has been
inadvertent.

10. That the present application is being filed bonafide and in the
interest of justice.

PRAYER

It is therefore, most respectfully prayed that this Hon'ble

Court may graciously be pleased to: -

(i) condone the delay of 12 days in filing the present

special leave petition against impugned judgment and final
order dated 12.04.2023 passed by the Hon’ble High Court
 127
of Judicature at Allahabad in Criminal Miscellaneous Bail
Application No. 33865 of 2022;

(ii) pass such other order/orders as this Hon’ble Court may

deem just and proper in the facts and circumstances of the
case;

AND FOR THIS ACT OF KINDNESS THE PETITIONER

AS IN DUTY BOUND SHALL EVER PRAY

FILED BY:

AMIT GAURAV SINGH

ADVOCATE FOR THE PETITIONER

FILED ON: 24. 07.2023

PLACE: NEW DELHI
 128
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CR.M.P. NO. OF 2023
IN
SPECIAL LEAVE PETITION (CRIMINAL) NO. OF 2023

IN THE MATTER OF:

SHIV KUMAR PATEL -- PETITIONER

VERSUS
-- RESPONDENT
STATE OF UTTAR PRADESH

APPLICATION FOR BRINGING ON RECORD

ADDITIONAL DOCUMENTS

To,
Hon’ble the Chief Justice of India
and his companion Judges of the
Supreme Court of India.
The humble application of the
abovenamed Applicant/Petitioner

MOST RESPECTFULLY SHOWETH:-

1. That the Applicant/Petitioner above named has filed the

present Special Leave Petition in this Hon’ble Court under
Article 136 of the Constitution of India against impugned
judgment and Final Order dated 12.04.2023 passed by the
Hon’ble High Court of Judicature at Allahabad in Criminal
Miscellaneous Bail Application No. 33865 of 2022 whereby
the Hon'ble High Court has dismissed the Bail Application
filed by the Petitioner.
 129

2. The Petitioner seeks to place on record the following

documents which are relevant for the present proceedings.
True translated copy of the statement of Const. Ranjit Singh
dated Nil is annexed herewith and marked as Annexure P –
11 (Pg. 66 to 67); True translated copy of the statement of
Pranjul dated Nil is annexed herewith and marked as
Annexure P – 12 (Pg. 68); True translated copy of the
statement of Shiv Pujan Chaurasia dated Nil is annexed
herewith and marked as Annexure P – 13 (Pg. 69); True
translated copy of the statement of Shubham Sahu dated Nil
is annexed herewith and marked as Annexure P – 14 (Pg. 70
to 71), True translated copy of the statement of Rinku Gupta
dated Nil is annexed herewith and marked as Annexure P –
15 (Pg. 72 to 73); True translated copy of the statement of
Golu alias Ankit Verma dated Nil is annexed herewith and
marked as Annexure P – 16 (Pg. 74 to 75); and True
translated copy of the Charge Sheet No.93 of 2022 dated
08.05.2022 filed in Case Crime No. 95 of 2022 in the Court
of Ld. Sessions Judge, Banda is annexed herewith and
marked as Annexure P – 17 (Pg. 76 to 101).

3. That the application is bonafide and in the interest of justice.

PRAYER

That the Petitioner, therefore, most respectfully prays to

a) Permit the Petitioner/Applicant to bring on record Annexure
P – 11, Annexure P – 12, Annexure P – 13, Annexure P –
 130
14, Annexure -15, Annexure P-16 and Annexure P-17
14, Annexure P – 15, Annexure P – 15, Annexure P – 16
and/or
and Annexure P – 17 and/or

b) pass such other and further order(s) as this Hon’ble Court

may deem just and appropriate in the facts and
circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT/

PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

FILED BY:-

AMIT GAURAV SINGH

Advocate for the Petitioner

New Delhi
Dated: 24.7.2023
131
 132
II
SECTION............
IN THE SUPREME COURT OF INDIA

CIVIL/CRIMINAL/ORIGINAL/APPELLATE JURISDICTION

I.A. (CIVIL/CRL) N0…………………………………………………….... Of 202

SPECIAL LEAVE PETITION (CIVIL/CRL) NO………………………. Of 2023

WRIT/TRANSFER PETITION (CIVIL/CRL) NO……………………. Of 202

CIVIL/CRIMINAL APPEAL NO ...................................................Of 202

IN THE MATTER OF

SHIV KKUMAR PATEL_______________________________PETITIONER (S)

APPELLANT(S)

VERSUS

STATE OF UTTAR PRADESH_______________________RESPONDENT(S)

INDEX

Sl. No. PARTICULARS COPIES COURT FEE

1. Copy of the Impugned 1+3
Judgment.
2. SLP with Affidavit. 1+3

3. Annexures P-1 to P-19 1+3

4. Application for exemption 1+3

from filing Official
Translation.
5. Application for Condonation of 1+3
Delay
6. Application for bringing 1+3
additional documents on record
7. Vakalatnama 1 10

Total Rs. 10
Certified that the Copies are correct.
Filed On: 24.7. 2023 Filed By

AMIT GAURAV SINGH

ADVOCATE-ON-RECORD
B-37, BASEMENT,
LAJPAT NAGAR-1,
NEW DELHI-110024.
133
134
 135

F I R DETAILS

1. Diary No. : 95/2022

2. Date of Lodgment of 14.04.2022

FIR/Complaint:

3. Date of Occurrence : 10.04.2022

4. Police Station Address Atarra, Banda,

Uttar Pradesh
with State:

5. Date of Filing of 14.05.2022

Chargesheet/ Challan:

6. Whether Tried By Court

of Magistrate:

7. Whether Tried by the

Tried by Sessions
Court of Sessions :

ABHIJEET
AMIT GAURAV SINGHSINHA

ADVOCATE FOR THE PETITIONER