Disposed

Kamlesh Kumar Patel v. State of U.P. and Another

Allahabad HC8 Aug 2024CRLA/2997/2024

Case brief

AI extract

What is this about?

The High Court disposed of a criminal appeal against a cognition order under the SC/ST Act, where the appellant was not contesting on merits. The Court permitted bail consideration upon surrender within 30 days and restrained coercive action pending that period.

What did the court decide?

Appeal disposed of; direction to decide bail application expeditiously if appellant surrenders within 30 days; no coercive action to be taken against appellant.

Kamlesh Kumar Patel vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:159145

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 2997 of 2024

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Appellant :- Kamlesh Kumar Patel Respondent :- State of U.P. and Another Counsel for Appellant :- Sunil Kumar I Counsel for Respondent :- G.A.,Rajeshver Mishra

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Hon'ble Saurabh Srivastava,J.

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Supplementary affidavit preferred at the behest of appellant explaining the criminal history indicated by learned AGA as well as learned counsel for opposite party no. 2 is taken on record.

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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 impugned cognizance order dated 24.12.2021 passed by learned Special Judge (SC/ST Act), Prayagraj in pursuance of impugned charge sheet no. 1249 dated 17.12.2020 submitted by police in Case Crime no. 1137 of 2020 under sections 504, 506, 507 IPC and 3(1)(r), 3(1)(s) of SC/ST Act, PS- Naini, District Prayagraj as well as impugned charge sheet no. 1249 dated 17.12.2020 submitted by police in Case Crime no. 1137 of 2020 under sections 504, 506, 507 IPC and 3(1)(r), 3(1)(s) of SC/ST Act, PS- Naini, District Prayagraj.

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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 appellant surrender 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

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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 :- 27.9.2024 Shaswat

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

Kamlesh Kumar Patel v. State of U.P. and Another

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Kamlesh Kumar Patel v. State of U.P. and Another

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