Mithun and 8 Others Vs State of U.P. and Another

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Court No. - 89 Case :- CRIMINAL APPEAL No. - 3044 of 2022 Appellant :- Mithun And 8 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Avdhesh Narayan Tiwari Counsel for Respondent :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for appellants-applicants as well as learned Additional Government Advocate for State.

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The present criminal appeal has been filed for setting aside the cognizance-cum-summoning order dated 15.01.2022 passed in Session Trial No. 02/2022 "State Vs. Mithun and others", arising out of case crime No. 224/2020, under Section 147/148/149/323/504/506 I.P.C. and Section 3(1)(da) and 3(1) (dha) of S.C./S.T. Act, P.S. Kotwali Orai, District Jalaun.

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Learned counsel for appellants-applicants, after arguing for some time, submits that present appeal may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021" to which learned A.G.A. has no objection.

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In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the appellants-applicants namely Mithun, Anil, Ajay, Rohit, Shiv Kumar, Dilip @ Rajendra Kumar, Dhirendra, Sheru @ Rajesh and Ravi, appear before the trial court within three weeks' from today and apply for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).

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In view of the above observation, the appeal is disposed of.

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Order Date :- 28.7.2022 RC

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Digitally signed by RAM CHANDER YADAV Date: 2022.07.29 10:17:17 IST Reason: Location: High Court of Judicature at Allahabad

Mithun and 8 Others v. State of U.P. and Another

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