The appellant's special leave petition to quash criminal proceedings was refused. Permission was granted to the appellants to apply for bail before the trial court within fifteen days.
Prayer to quash proceedings refused; appellants permitted to apply for bail before the trial court.
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Court No. - 89
Case :- CRIMINAL APPEAL No. - 4560 of 2022
Appellant :- Rajendra Yadav And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Shashank Kumar,Vinod Kumar Yadav
Counsel for Respondent :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for appellants as well as learned AGA for State.
This appeal has been filed by the appellants with the prayer to quash the impugned cognizance order dated 03.06.2022 passed by the Special Judge (SC/ST Act), Mau, Charge-sheet dated 08.04.2022 bearing charge-sheet no. A01 of 2022, registered as Sessions Trial No. 330 of 2022 (State vs. Babloo and others) arising out of case crime No. 64 of 2022, under section 323, 504, 506 I.P.C. and section 3(1)(Da) of SC/ST Act, Police Station Haldharpur, District Mau.
Learned counsel for appellants, after arguing at some length, submits that he does not want to press the appeal, he only prays that appellants may be permitted to apply for bail before the court below, which may be decided in view of law laid down by the Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another being Special Leave to Appeal (Crl.) No.5191 of 2021, decided on 7.10.2021 .
Learned AGA for the State has no objection to the prayer so made by the learned counsel for the appellants.
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 appears before the trial court within fifteen days from today and apply for bail, the same be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
The appeal is disposed of accordingly.
Order Date :- 22.7.2022 Bhanu
Digitally signed by BHANU PRATAP KUSHWAHA Date: 2022.07.26 18:52:23 IST Reason: Location: High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶8
Satender Kumar Antil vs. Central Bureau of Investigation and another being Special Leave to Appeal (Crl.) No.5191 of 2021
Rajendra Yadav And 3 Others
State of U.P.
Karunesh Singh Pawar
As recorded by the court registry
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