Dismissed

Shivam Mishra v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Allahabad HC7 May 2024/1547/2024

Case brief

AI extract

What is this about?

Criminal Appeal seeking to set aside a summoning order. Appellant abandoned merit, seeking only liberty to move for bail. Court disposed of appeal non-meritoriously, directed expedient bail consideration, and ordered Police refraining from coercive action for 30 days.

What did the court decide?

Appeal disposed of; liberty to move bail granted; direction to lower court to decide bail within 30 days; direction to Police not to take coercive action for 30 days.

Shivam Mishra Vs State of U.P. Thru. Prin. Secy… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:34987

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Court No. - 13 Case :- CRIMINAL APPEAL No. - 1547 of 2024 Appellant :- Shivam Mishra and another Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Appellant :- Abdul Ahad Counsel for Respondent :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the appellants/applicants and learned AGA for the State as well as perused the record.

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The present appeal has been filed for the following main relief:-

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"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the summoning order dated 11/03/2024, in Case No. 569/2024, Crime No. 19/2024, U/s-323, 504, 506 I.P.C. & 3 (1) DA, DHA SC/ST Act, P.S. Thakurganj, District- Lucknow by the Court of Special Judge SC/ST Act, Lucknow."

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Considering the arguments of learned counsel for the parties and going through the record as also taking note of the same in the light of law laid down by Hon'ble Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843 , on being confronted, after arguing the matter at some length, learned counsel for the appellants submit that he does not want to press this appeal on merit and he confines his prayer only to the extent that appellants may be permitted to move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.

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Learned A.G.A. has no objection in grant of aforesaid prayer.

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The Apex Court, after considering the various pronouncements on the issues, in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No.5191 of 2021 has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific directions need to be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex Court.

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Keeping in view the entirety of facts and circumstances of the case and having regard to the submissions of learned counsel for the applicants/appellants, the appeal is disposed of with liberty as prayed for and

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with a direction to the court below that if the appellants apply for bail before the Court below within 30 days from today, their prayer for bail shall be considered and decided expeditiously in accordance with law.

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Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officers concerned that for a period of 30 days from today or till the appellants apply for bail, whichever is earlier, they would not taken any coercive action against the appellants in the aforesaid case.

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With the aforesaid observations, the present appeal is disposed of.

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Order Date :- 7.5.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Shivam Mishra v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

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Shivam Mishra v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

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