Dismissed

Shiv Prakash @ Nanhakke Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC17 Jul 2023/1058/2023

Case brief

AI extract

What is this about?

This Criminal Appeal under the SC/ST Act was finally disposed of. The court directed that the trial court decide the appellant's bail application applying the legal principles laid down in two Supreme Court judgments.

What did the court decide?

Directed the trial court to decide the bail application based on Satender Kumar Antil jurisprudence.

Shiv Prakash @ Nanhakke Yadav Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:46438

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Court No. - 29

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Case :- CRIMINAL APPEAL No. - 1058 of 2023

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Appellant :- Shiv Prakash @ Nanhakke Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Jagdeep Singh Yadav,Anuj Kumar Shukla

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Counsel for Respondent :- G.A.,Om Chandra Sahu

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Hon'ble Mrs. Renu Agarwal,J.

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Heard learned counsel for appellant, learned AGA for the State and perused the record of the case.

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Instant criminal appeal has been filed under Section 14(A)(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the summoning order dated 11.10.2021 passed by the learned Special Judge SC/ST Act, Lucknow arising out of Case Crime No. 567 of 2019 under Sections 504, 506 IPC and (91) DHA, SC/ST Act Police Station Kakori, District Lucknow as well as Charge sheet No. 1 dated 16.05.2021 as well as entire proceedings in Crime Case SPT No. 2090 of 2022.

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Learned counsel for the appellant submitted that he does not want to press the prayer made in the appeal. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicant in the light of the law laid down by the Apex Court in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation , reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Bureau of Investigation and others MANU/SC/0851/2022 .

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Learned AGA as well as learned counsel for respondent No. 2 have no objection, if such a direction is given to the court concerned to decide the bail application of the applicant in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supra).

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Accordingly, it is directed that if appellant appears before the trial court within 15 days from today and apply for bail then, his bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the cases of Satender Kumar Antil (supras) .

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With these direction/observation, the present appeal is finally disposed of .

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(Renu Agarwal,J.)

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Order Date :- 17.7.2023 Nadeem

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Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad, Lucknow Bench

Shiv Prakash @ Nanhakke Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Shiv Prakash @ Nanhakke Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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What did the court decide?

What the court decided

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