Disposed

Naushad and 3 Others v. State of U.P. and Another

Allahabad HC30 May 2023CRLA/3186/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad disposed of a criminal appeal filed under Section 14-A(1) of the SC/ST Act. The appellants sought directions for expedited disposal of their bail application to avoid prolonged incarceration before trial. The Court affirmed the appeal prayed for, directing the trial court to dispose of the bail application expeditiously within 30 days.

What did the court decide?

The High Court directed the trial court to dispose of the bail application expeditiously within 30 days of the appellants' surrender.

Naushad and 3 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:121006

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Court No. - 81

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Case :- CRIMINAL APPEAL No. - 3186 of 2023

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Appellant :- Naushad And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Neelabh Srivastava,Vijai Kumar Singh Counsel for Respondent :- G.A.,Abhishek Kumar,Nagesh Kumar Dwivedi

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Neelabh Srivastava, learned counsel for the appellants,Nagesh Kumar Dwivedi, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State and perused the record.

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The instant appeal under Section 14-A(1) SC/ST (Prevention of Atrocities) Act, 1989 has been filed by the appellants with the prayer to allow the Criminal Appeal and set-aside the impugned cognizance as well as non- bailable warrant 4.11.2020 passed by the trial court in S.S.T. No. 158 of 2020 (State of U.P. Vs. Naushad & 4 Ors) arising of charge-sheet dated 7.8.2019 bearing chargesheet no. 352 of 2019, under Sections 147,149,352,323, 504, 506 I.P.C. and Section 3(2)(5A) of the SC/ST Act, 1989 in Case Crime No. 0392 of 2019 under Sections 147,323,504 IPC and Section 3(2)(Va) of the SC/ST Act, 1989 Police Station Nawabganj, District Prayagraj.

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Learned counsel for the appellants submits that though various prayers have been mentioned in the prayer clause of the appeal but they are confining their prayer to the tune that the appellants are intending to appear/surrender before the trial court for the purpose of obtaining regular bail, but are having apprehension that the moment they will appear before the trial court for the purpose of obtaining regular bail, disposal of their bail application may take time and in the meantime they may be confined in the prison, which would not only jeopardize his personal liberty but also bring a bad name to their reputation. Thus appropriate directions be given to the trial court for expeditious disposal of their bail application in the light of law laid down by Hon'ble the Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 and Aman Preet Singh Vs. C.B.I. through Director : 2021 SCC OnLine SC 941.

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No objection in this regard has been made by learned A.G.A as well as learned counsel for the opposite party no.2.

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Keeping in view the fact that learned counsel for the appellants has confined his prayer only for issuance of appropriate directions to the trial court for expeditious disposal of bail application, which the appellants are intending to move before the trial court, the instant appeal is disposed of with direction to the trial court that if the appellants appear/surrender before the trial court within 30 days from today and move an appropriate application for bail under Section 437/439 Cr.P.C., the trial court shall dispose of the same expeditiously in the light of law laid down by Hon'ble the Supreme Court in the cases of Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017, In Re: To issue certain Guidelines Regarding inadequacies and deficiencies in Criminal Trials v. State of Andhra Pradesh and others, MANU/SC/0292/2021 , Satender Kumar Antil Vs. Central Bureau of Investigation and others (Supra) and Aman Preet Singh Vs. C.B.I. through Director (Supra), after providing an opportunity of being heard to the parties, strictly in accordance with law.

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Order Date :- 30.5.2023 Akbar

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Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad

Naushad and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Naushad and 3 Others v. State of U.P. and Another

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