Disposed

Krishna Dutt and 3 Others v. State of U.P. and Another

Allahabad HC5 May 2023CRLA/4813/2023

Case brief

AI extract

What is this about?

Special Judicial Magistrate allowed appeal filed under Section 14-A(1) SC/ST Act, directing trial court to dispose of pending bail application expeditiously if appellants appear within 30 days, citing Supreme Court guidelines on fair trial delays.

What did the court decide?

Appellants directed to appear and move bail application within 30 days; trial court to dispose expeditiously.

Krishna Dutt and 3 Others 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. - 4813 of 2023

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Appellant :- Krishna Dutt And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Vinod Kumar Chandel,Mayank Krishna S Chandel,Ram Niwas Singh Counsel for Respondent :- G.A.,Pt. Sita Ram Vishwakarma

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the appellants, Sri Pt. Sita Ram Vishwakarma, learned counsel for 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 set-aside/quash the summoning order dated 28.2.2023 as well as entire proceeding of Special Criminal Case No. 699 of 2021 (Shiv Charan alias Pappu vs. Krishna Dutta alias Mukhiya and others) under Sections 323, 504, 506 IPC and Section 3(2)5A of SC/ST Act, Police Station Marka, District Banda, pending in the court of Special Judge, SC/ST Act/Additional Session Judge, Banda.

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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 their 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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Per contra, learned AGA has no objection in this regard.

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Keeping in view the fact that learned counsel for the appellants has

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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 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

Krishna Dutt and 3 Others v. State of U.P. and Another

Case brief

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Krishna Dutt and 3 Others v. State of U.P. and Another

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