Disposed

Vikas Jaiswal and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Allahabad HC3 Aug 2023/2236/2023

Case brief

AI extract

What is this about?

This appeal was disposed of by a single direction to the trial court to decide the appellants' bail application based on the law laid down by the Supreme Court in Satender Kumar Antil cases, as the appellants had confined their prayer to this extent.

What did the court decide?

Direction given that bail application shall be decided by the trial court based on law in Satender Kumar Antil cases if appellants appear within 15 days.

Vikas Jaiswal and Another Vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC-LKO:51224

¶2

Court No. - 29 Case :- CRIMINAL APPEAL No. - 2236 of 2023 Appellant :- Vikas Jaiswal And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Appellant :- Vivekanand Misra,Mohit Tiwari Counsel for Respondent :- G.A.

¶3

Hon'ble Mrs. Renu Agarwal,J.

¶4

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

¶5

Present criminal appeal under Section 14(A)(1) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015) has been preferred against the impugned cognizance order dated 03.09.2020 passed by Special Judge SC/ST (PA) Act, Sultanpur in Special Sessions Trial No. 602 of 2020, State Vs. Ram Kripal, arising out of Case Crime No. 0416 of 2019, under Sections 147, 323, 504, 506 IPC and Section 3(1)(D), 3(1)(Dha) and 3(2) (Va) of SC/ST Act, Police Station Gauriganj, District Amethi.

¶6

Learned counsel for the appellants 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 appellants 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 as the coaccused has also been given the benefit of Satender Kumar Antil (supra).

¶7

Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the appellants in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supra).

¶8

Accordingly, it is directed that if appellants appear before the trial court within 15 days from today and apply for bail then, their 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 (supra).

¶9

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

¶10

[Renu Agarwal,J.]

¶11

Order Date :- 3.8.2023/kkv/

¶12

Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Vikas Jaiswal and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Case brief

What is this about?

What did the court decide?

Vikas Jaiswal and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

State of U.P. Prin. Thru. Prin. Secy. Home Deptt. Lko. Vs M/S Govind Industries Rajapur Lakhimpur Khiri Thru. Director Manish Kumar Gupta

Anoop Verma Vs State of U.P. and 2 Others

Vivek Tandon and 3 Others Vs State of U.P. and 2 Others

Kishan Yadav Vs State of U.P.

Omkar Vs State of U.P. through Principal Secretary Home Department Civil Secretariat, Lucknow

Ram Singh and Anr. Vs State of U.P.