Disposed

Shivam Kushwaha v. State of Up and Another

Allahabad HC13 Aug 2024CRLA/22/2024

Case brief

AI extract

What is this about?

Appeal under Section 14-A(1) SC/ST Act against cognizance and summoning order. Appellant did not press on merits; appeal disposed of with direction that bail application be considered expeditiously on surrender within 30 days, with no coercive action meanwhile.

What did the court decide?

Direction to decide bail application expeditiously upon surrender within 30 days; no coercive action against appellant till then.

Shivam Kushwaha vs State of Up and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:147796

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 22 of 2024

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Appellant :- Shivam Kushwaha Respondent :- State of U.P. and Another Counsel for Appellant :- Ram Prasad Kanaujiya Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for parties.

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This criminal appeal under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') has been filed against the cognizance and summoning order dated 03.08.2023, charge sheet no. 035 of 2023 dated 07.03.2023 in Session Case no. 886 of 2023 (State vs. Shivam Kushwaha) arising out of Case Crime no. 10 of 2023 under sections 504, 323 IPC read with Section 3(2)(va) of SC/ST Act, under section 506 IPC read with Section 3(2)(va), 3(1)(r) and 3(1)(s) of SC/ST Act, Police Station Kotwali, District Kanpur Nagar.

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Learned counsel for appellant submitted that he is not pressing the appeal on merits and confined his prayer only to the extent that the present appeal may be disposed of finally with a direction to the court concerned that in case appellantssurrender before it and apply for bail, his 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) to which learned counsel for opposite parties have no objection.

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In view of the aforesaid, the instant criminal appeal is finally disposed of with a direction to the court concerned that in case, the appellant surrender before the court concerned within a period of 30 days from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.

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However, it is made clear that till 30 days from today, no coercive action shall be taken against the appellant herein.

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Order Date :- 10.9.2024 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Shivam Kushwaha v. State of Up and Another

Case brief

What is this about?

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Shivam Kushwaha v. State of Up and Another

Case brief

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