Prabhat Kumar Kushwaha Vs State of U.P. and Another

Court No. - 93

Case :- CRIMINAL APPEAL No. - 10243 of 2022

Appellant :- Prabhat Kumar Kushwaha Respondent :- State of U.P. and Another Counsel for Appellant :- Salman Ahmad Counsel for Respondent :- G.A.,Dhirendra Singh Rajput

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the appellant, learned counsel for the opposite party no.2 and learned A.G.A for the State.

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This criminal appeal has been preferred under Section 14-A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') to set aside the impugned order dated 22.11.2022 passed by the Special Judge, (SC/ST Act), Jalaun at Orai in Complaint Case No.27 of 2021, under Sections 323, 504, 506 IPC and Sections 3(1)(r)s of SC/ST Act, P.S. Kadaura, District Jalaun.

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Learned counsel for appellant submits that he is not pressing the appeal on merits and the present appeal may be disposed of finally with the direction to the court below that in case appellant surrender before the court below and applies for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825 .

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On the other hand, learned A.G.A. and learned counsel for the opposite party no. 2 have opposed the prayer.

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In view of the aforesaid, the instant criminal appeal is finally disposed off with direction to the court below that in case the appellant surrender before the court below within a period of four weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.

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Accordingly, the instant appeal is disposed off .

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Order Date :- 5.4.2023 Sanjeet

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Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad

Prabhat Kumar Kushwaha v. State of U.P. and Another

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Prabhat Kumar Kushwaha v. State of U.P. and Another

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