Disposed

Shele @ Shilesh Kumar v. State of U.P. and Another

Allahabad HC5 May 2023CRLA/3386/2023

Case brief

AI extract

What is this about?

Criminal Appeal filed to quash proceedings in an SC/ST Act case. Appellant confined prayer to directions for expeditious disposal of bail application if surrendering. Court directed trial court to decide bail expeditiously under Supreme Court guidelines.

What did the court decide?

Appeal disposed; direction issued to trial court to expeditiously grant bail to appellant within 30 days of surrender under Section 439 Cr.P.C.

Shele @ Shilesh Kumar Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2023)

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Court No. - 81

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Case :- CRIMINAL APPEAL No. - 3386 of 2023

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Appellant :- Shele @ Shilesh Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Ashok Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the appellant 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 appellant with the prayer to set-aside/quash the charge-sheet dated 23.6.2022, cognizance order dated 25.7.2022 as well as entire proceeding of Sessions Trial No. 647 of 2022, arising out of Case Crime No. 92 of 2022, under Sections 323, 504, 506 I.P.C. and Section 3(2) 5A of the SC/ST Act, Police Station NidhauliKala, District Etah, pending in the Court of learned Special Judge SC/ST Act, Etah.

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Learned counsel for the appellant submits that though various prayers have been mentioned in the prayer clause of the appeal but he is confining his prayer to the tune that the appellant is intending to appear/surrender before the trial court for the purpose of obtaining regular bail, but are having apprehension that the moment he will appear before the trial court for the purpose of obtaining regular bail, disposal of his bail application may take time and in the meantime he may be confined in the prison, which would not only jeopardize his personal liberty but also bring a bad name to his reputation. Thus, appropriate directions be given to the trial court for expeditious disposal of his 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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Per contra, learned AGA has no objection in this regard.

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Keeping in view the fact that learned counsel for the appellant has confined his prayer only for issuance of appropriate directions to the trial court for expeditious disposal of bail application, which the appellant is intending to move before the trial court, the instant appeal is disposed of with direction to the trial court that if the

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appellant appears/surrenders before the trial court within 30 days from today and moves an appropriate application for bail under Section 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 case 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 :- 5.5.2023 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Shele @ Shilesh Kumar v. State of U.P. and Another

Case brief

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Shele @ Shilesh Kumar v. State of U.P. and Another

Case brief

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