Disposed

Ram Sajeewan and Another v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Another

Allahabad HC3 Oct 2024/3090/2024

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of an appeal preferring liberty to the appellants to file bail and discharge applications before the trial court. The court directed the trial court to decide these applications expeditiously and prohibited coercive action against the appellants for 30 days.

What did the court decide?

Liberty to file bail and discharge applications; lower court directed to decide expeditiously; no coercive action for 30 days.

Ram Sajeewan and Another Vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:68232

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 3090 of 2024

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Appellant :- Ram Sajeewan And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Another Counsel for Appellant :- Rudra Mani Shukla Counsel for Respondent :- G.A.

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Hon'ble Saurabh Lavania,J.

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

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Instant application has been preferred by the appellants 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 Order dated 13/12/2022 passed by the Special Judge, S.C./S.T. (P.A.) Act, Sultanpur in Criminal Case No. 306/2017 "Daulat Ram Kori versus Shiva Prasad and others", or any other order may kindly be passed which this Hon'ble Court may deem just, fit and proper in the circumstances of the case, in favour of the appellants."

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After arguing, at some length, learned counsel for the appellants has submitted that liberty may be given to the appellants to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously.

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Learned AGA has no objection to the prayer made by learned counsel for the appellants.

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Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the appellants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.

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Liberty is also granted to the appellants to move discharge application before the court below and the same shall be 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 Officer concerned that for a period of 30 days from today or till the appellants apply for bail, whichever is earlier, he would not take any coercive action against the appellants in the aforesaid case.

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With the aforesaid observations, the appeal is disposed of.

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Order Date :- 3.10.2024 Vinay/-

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Ram Sajeewan and Another v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Another

Case brief

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Ram Sajeewan and Another v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Another

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