Disposed

Dinanath Shukla @ Deenanath v. State of U.P. and Another

Allahabad HC9 Aug 2024CRLA/4455/2024

Case brief

AI extract

What is this about?

Appeal under the SC/ST Act against a chargesheet and cognizance/summoning order in a Sessions case. Counsel confined the prayer to expeditious disposal of a future bail application; the court disposed of the appeal directing the trial court to decide any such application promptly, with no coercive action for 30 days.

What did the court decide?

Direction to decide appellant's bail application expeditiously if surrendered within 30 days; no coercive action for 30 days.

Dinanath Shukla @ Deenanath vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:152777

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 4455 of 2024

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Appellant :- Dinanath Shukla @ Deenanath Respondent :- State of U.P. and Another Counsel for Appellant :- Anil Kumar Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for appellant and learned AGA.

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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.01 of 2023 dated 12.07.2023 and cognizance/summoning order dated 04.09.2023 passed by Special Judge, SC/ST Act, Gorakhpur as well as the entire proceedings of Session Case No.2133 of 2023 (State Vs. Dinanath Shukla), arising out of Case Crime No.302 of 2023, under Section 504, 506, 406 IPC and Section 3(1)Da, 3(1)Dha, 3(2)5Ka of SC/ST Act, Police Station Sahjanwa, District Gorakhpur, pending in the court of Special Judge, SC/ST Act, Gorakhpur.

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After arguing at some length, learned counsel for appellant 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 surrenders before it and applies 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 AGA has 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 surrenders before the court concerned within a period of 30 days from today and applies 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 :- 19.9.2024 Vivek Kr.

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Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Dinanath Shukla @ Deenanath v. State of U.P. and Another

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Dinanath Shukla @ Deenanath v. State of U.P. and Another

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