Disposed

Raees and 2 Others v. State of U.P. and Another

Allahabad HC5 Apr 2023CRLA/266/2023

Case brief

AI extract

What is this about?

The High Court disposed of the criminal appeal without deciding on merits, directing the lower court to expeditiously consider and decide the appellants' bail application should they surrender within four weeks.

What did the court decide?

Direction to the court below to consider and decide bail application expeditiously if appellants surrender within four weeks; no coercive action for that period.

Raees and 2 Others Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 93

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Case :- CRIMINAL APPEAL No. - 266 of 2023

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Appellant :- Raees And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Brij Raj,Amit Kumar Counsel for Respondent :- G.A.,Satyaveer Singh

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the appellants, 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') for quashing of the entire proceedings of complaint dated 23.11.2021 and summoning order dated 08.07.2022 passed by the Special Judge, (SC/ST Act), Aligarh in Complaint Case No.161 of 2021, under Sections 323, 506 IPC and Sections 3(1)(r) of SC/ST Act, P.S. Janwa, District Aligarh.

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Learned counsel for appellants 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 apply for bail, their 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 counsel for the opposite party no.2 and 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 appellants surrender before the court below within a period of four weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law.

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

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Accordingly, the instant appeal is disposed off .

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Order Date :- 5.4.2023/ Shiv

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Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad

Raees and 2 Others v. State of U.P. and Another

Case brief

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Raees and 2 Others v. State of U.P. and Another

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