Disposed

Harisumer and 2 Others v. State of U.P. and Another

Allahabad HC11 Apr 2023CRLA/9819/2022

Case brief

AI extract

What is this about?

The criminal appeal was disposed of without pressing the matter on merits. The appellant was directed to surrender within four weeks to apply for bail, which would be decided expeditiously. No coercive action was taken for three weeks.

What did the court decide?

The appeal disposed of; appellants directed to surrender within four weeks for bail consideration; no coercive action for three weeks.

Harisumer and 2 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 93

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Case :- CRIMINAL APPEAL No. - 9819 of 2022

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Appellant :- Harisumer And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Ashok Kumar Mishra Counsel for Respondent :- G.A.

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Hon'ble Gajendra Kumar,J.

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Despite service of notice, no one is present on behalf of opposite party no.2.

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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') to set aside the impugned charge sheet dated 07.09.2021 as well as impugned summoning order dated 19.04.2022 in Case No. 89 of 2022, under Sections 323, 504, 506 IPC and Sections 3(2)5ka, 3(1)(dha) SC/ST Act, P.S. Manjhanpur, District Kaushambi.

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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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For a period of three weeks from today, no coercive action shall be taken against the appellants.

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Accordingly, the instant appeal is disposed off .

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Order Date :- 11.4.2023 Sanjeet

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

Harisumer and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Harisumer and 2 Others v. State of U.P. and Another

Case brief

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