Hari Shankar and 5 Others Vs State of U.P.and Another

Court No. - 93

Case :- CRIMINAL APPEAL No. - 3669 of 2023

Appellant :- Hari Shankar And 5 Others Respondent :- State Of U.P.And Another Counsel for Appellant :- Ayush Mishra,Yogendra Misra Counsel for Respondent :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the appellants 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 the charge sheet dated 17.08.2022 as well as summoning order dated 23.11.2022 passed by Special Judge SC/ST Act, Etah in Session Case No.1167 of 2022 arising out of case crime no.200 of 2022, under Sections 147, 323, 427, 504, 506 IPC and Sections 3(2)(va) SC/ST Act, P.S. Jalesar, District Etah.

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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 appellants 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 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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Accordingly, the instant appeal is disposed off .

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Order Date :- 12.4.2023 Sanjeet

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

Hari Shankar and 5 Others v. State of U.P.and Another

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Hari Shankar and 5 Others v. State of U.P.and Another

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