Disposed

Lakhchandra @ Halke Yadav v. State of U.P. and Another

Allahabad HC5 May 2023CRLA/4835/2023

Case brief

AI extract

What is this about?

In this criminal appeal under Section 14-A(1) of the SC/ST Act, the High Court issued directions to the trial court to expeditiously dispose of the appellant's pending bail application upon his surrender within 30 days, citing Supreme Court guidelines on speedy trial and bail. The court also directed the Non-Bailable Warrant against the appellant to be kept in abeyance. Justice Nand Prabha Shukla

What did the court decide?

Trial court directed to dispose of bail application expeditiously if appellant surrenders within 30 days; Non-Bailable Warrant kept in abeyance.

Lakhchandra @ Halke Yadav Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 81

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Case :- CRIMINAL APPEAL No. - 4835 of 2023

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Appellant :- Lakhchandra @ Halke Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Rajendra Prasad 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 impugned cognizance order dated 17.10.2017 as well as NBW dated 08/09.03.2023 in Case No. 414 of 2017 (State vs. Lakhchandra) arising out of Case Crime No. 54 of 2017, under Sections 353, 504, 506 IPc and Section 3(1)(Da) (Dha) of SC/ST Act, Police Station Badagaon, District Jhansi,

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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 appellant appears/surrenders before the trial court within 30 days

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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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The NBW dated 08/09.03.2023 issued against the applicant shall remain in abeyance.

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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

Lakhchandra @ Halke Yadav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Lakhchandra @ Halke Yadav v. State of U.P. and Another

Case brief

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