Appellant withdrew bail application filed under CrPC after High Court held it should have been a criminal appeal under SC/ST Act; application dismissed; liberty granted to file appeal.
Bail application withdrawn and dismissed; liberty to file proper criminal appeal under SC/ST Act.
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Court No. - 67
Case :- CRIMINAL APPEAL No. - 3341 of 2021
Appellant :- Veermati Respondent :- State of U.P. and Another Counsel for Appellant :- Krishna Chandra Pandey,Keshawa Prasad Pandey
Counsel for Respondent :- Ravindra Prakash Srivastava
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the appellant, learned counsel for the opposite party no. 2, learned AGA and perused the record.
It is evident from the record that the learned counsel for the appellant has wrongly filed the present bail application after aggrieved by the order dated 07.06.2021 whereby the learned Special Judge, SC/ST Act, Siddharth Nagar has rejected the bail application no. 442 of 2021 in Case Crime No. 26 of 2021, u/s 304, 504 IPC read with section 3(2)(v) of SC/ST Act, P.S. Lotan, District Siddharth Nagar. The learned counsel for the appellant has wrongly filed the present bail application u/s 439 Cr.P.C. He aught to have file a criminal appeal u/s 14-A(2) SC/ST Act.
The learned counsel for the appellant wants to withdraw the present bail application and accordingly, the same is dismissed as withdrawn with liberty to file a proper criminal appeal under the aforesaid sections of the IPC, if so advised.
Office is directed to handover the certified copy of the impugned order/ (bail rejection) dated 07.06.2021 passed by learned Special Judge, SC/ST Act, Siddharth Nagar within 48 hours after having its photocopy to the learned counsel for the appellant.
Order Date :- 3.9.2021 Nisha
Digitally signed by RAHUL CHATURVEDI Date: 2021.09.04 13:49:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 provisions across 2 enactments
Veermati
State of U.P.
Rahul Chaturvedi
As recorded by the court registry
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