Disposed

Jitendra Narayan and 4 Others v. State of U.P. and Another

Allahabad HC12 Aug 2024CRLA/3485/2024

Case brief

AI extract

What is this about?

Appeal against chargesheet and summoning order disposed of non-meritoriously. Directed that if appellants surrender within 30 days and apply for bail, it must be decided expeditiously per Satender Kumar Antil; no coercive action till then.

What did the court decide?

Appeal disposed of; appellants given 30 days to surrender and apply for bail for expeditious consideration; no coercive action directed till then.

Jitendra Narayan and 4 Others vs State of U.P. and Another — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC:130546

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Court No. - 83 Case :- CRIMINAL APPEAL No. - 3485 of 2024 Appellant :- Jitendra Narayan And 4 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Km. Madhubala,Mithilesh Kumar Counsel for Respondent :- G.A.,Shiv Kumar Kesari

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the appellants, Sri Rajendra Kumar Ojha, learned counsel holding brief for Sri Shiv Kumar Kesari, learned counsel for respondent no. 2 and learned AGA for the State.

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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 chargesheet no. 86 of 2023 dated 15.11.2023 as well as cognizance and summoning order dated 07.02.2024 passed by Special Judge, SC/ST Act, Bhadohi-Gyanpur in Session Trial No. 40 of 2024 (State Vs. Prabhat Chand and others), arising out of Case Crime No. 107 of 2023, under Sections 147, 323, 504 IPC and Section 3(1)Da, 3(1)Dha of SC/ST Act, Police Station Unj, District Bhadohi along with entire proceedings of the said case, pending in the court of Special Judge, SC/ST Act, Bhadohi-Gyanpur.

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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 30 days from today and apply for bail, their 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 appellants herein.

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Order Date :- 12.8.2024 #Vik/-

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

Jitendra Narayan and 4 Others v. State of U.P. and Another

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Jitendra Narayan and 4 Others v. State of U.P. and Another

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