Disposed

Satya Narayan Chaurasiya and 2 Others v. State of U.P. and Another

Allahabad HC18 Jul 2024CRLA/2408/2024

Case brief

AI extract

What is this about?

The High Court disposed of an appeal against a cognizance order in a criminal case involving SC/ST Act offences. The court did not decide on merits but directed the lower court to expeditiously consider bail applications if the appellants surrender within one month, without further coercive action during that period.

What did the court decide?

Disposed without deciding on merits; directed trial court to consider bail applications expeditiously upon surrender within one month.

Satya Narayan Chaurasiya and 2 Others vs State… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:114371

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 2408 of 2024

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Appellant :- Satya Narayan Chaurasiya And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Renu Sharma Counsel for Respondent :- Akhilesh K. Dwivedi,G.A.

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Hon'ble Saurabh Srivastava,J.

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1. 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 order dated 23.12.2021 passed by Additional Session Judge/Special Judge, SC/ST Act, Kushinagar at Padrauna in Session Trial No. 879 of 2021 (State Vs. Sawan and others), under sections 147, 323, 504, 452, 354(Kha) IPC and Section 3(1)Da, 3(1)Dha, 3(1)w(i) of SC/ST Act, arising out of Chargesheet dated 09.04.2020 in Case Crime No. 159 of 2018, whereby the Additional Session Judge/Special Judge, SC/ST Act, Kushinagar at Padrauna has summoned the appellants for facing trial under Section 147, 323, 504 IPC and Section 3(1)Da, 3(1)Dha of SC/ST Act, Police Station Kasya, District Kushinagar along with entire proceedings of the said case, pending in the court of Additional Session Judge/Special Judge, SC/ST Act, Kushinagar at Padrauna.

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At the very outset, learned counsel for appellants 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 appellants surrender before it 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) 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 appellants surrender before the court concerned within a period of one month from today and apply for bail, their bail application

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shall be considered and decided expeditiously in accordance with settled law.

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However, it is made clear that till one month from today, no coercive action shall be taken against the appellants herein.

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Order Date :- 18.7.2024 #Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Satya Narayan Chaurasiya and 2 Others v. State of U.P. and Another

Case brief

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Satya Narayan Chaurasiya and 2 Others v. State of U.P. and Another

Case brief

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