Dismissed

Prem Nath Chauhan v. State of U.P. and Another

Allahabad HC12 Apr 2023CRLA/1536/2023

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What is this about?

The High Court disposed of this criminal appeal. The appellant was not pressing on merits but requested a quashing order to facilitate his surrender and bail. The court granted this direction, stipulating specific conditions for surrender and bail consideration by the lower court within three weeks.

What did the court decide?

Appeal disposed off with direction to lower court to consider bail application expeditiously if appellant surrenders within three weeks.

Prem Nath Chauhan Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 93

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Case :- CRIMINAL APPEAL No. - 1536 of 2023

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Appellant :- Prem Nath Chauhan Respondent :- State of U.P. and Another Counsel for Appellant :- Avinash Pandey,Raj Kumar Singh Counsel for Respondent :- G.A.,Ajai Kumar Srivastava,Amit Kumar Satsangi

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the appellant 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') for quashing of the entire proceedings of Charge sheet dated 18.02.2021, Cognizance order dated 01.04.2021 passed by the Special Judge, (SC/ST Act), Allahabad in Session Trial No. 252 of 2021 arising out of case crime no. 725 of 2020 under Sections 34/323, 504, 506 IPC and Sections 3(2)(v)a of SC/ST Act, P.S. colonalganj District Prayagraj.

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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. 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 three 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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For a period of three weeks from today, no coercive action shall be taken against the appellant.

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Accordingly, the instant appeal is disposed off .

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Order Date :- 12.4.2023 Satish

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad

Prem Nath Chauhan v. State of U.P. and Another

Case brief

What is this about?

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Prem Nath Chauhan v. State of U.P. and Another

Case brief

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