Disposed

Rani and 2 Others v. State of U.P. and Another

Allahabad HC20 Jan 2021CRLA/236/2021

Case brief

AI extract

What is this about?

The High Court disposed of a criminal appeal filed under the SC/ST Act. It granted a direction to the lower court to consider the appellants' pending bail applications on merits if they surrender within six weeks, citing specific precedents regarding bail principles for SC/ST category accused.

What did the court decide?

Interim protection from coercive measures granted for six weeks pending surrender and bail application consideration by the lower court.

Rani and 2 Others Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL APPEAL No. - 236 of 2021

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Appellant :- Rani And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Sharad Chand Rai Counsel for Respondent :- G.A.

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Hon'ble Ajit Kumar,J.

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Heard Sri Sharad Chand Rai, learned counsel for the appellants and learned Additional Government Advocate for the State respondent.

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By means of this Criminal appeal under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 the appellants have challenged the order dated 24.11.2020 passed by learned Special Judge (SC/ST Act), Moradabad in S.S.T. No. 1372 of 2020 arising out of charge sheet dated 01.10.2020 in Case Crime No. 1025 of 2020, under Sections 294, 504 IPC and Section 3(2)(Va) SC/ST Act, P.S.Katghar, District- Moradabad.

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At the very outset, learned counsel for the appellants submits that he wants that his bail application may be considered in accordance with law. However, he wants some time to appear before the court below and apply for bail.

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Learned Additional Government Advocate does not object to the request made by the learned counsel for the applicants.

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In view of the above, this appeal is disposed of with a direction that in case if the applicants surrender before the court below and apply for bail within a period of 6 weeks from today, the court below shall consider the bail application on its own merit and dispose of the same keeping in view the principles laid down by the Full Bench of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

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In the interest of justice, no coercive measures shall be taken against the appellants for a period of six weeks from today pursuant to the order dated 24.11.2020.

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However, it is made clear that in case if the applicants fail to surrender and apply for fail within the period prescribed for hereinabove, interim protection shall stand evaporated and no further application shall be entertained for extension of time or

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modification of this order.

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The concerned Court/ Authority/ Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 20.1.2021 IrfanUddin

Rani and 2 Others v. State of U.P. and Another

Case brief

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Rani and 2 Others v. State of U.P. and Another

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