Disposed

Pradeep Rai and Another v. State of U.P. and Another

Allahabad HC21 Aug 2024CRLA/5579/2024

Case brief

AI extract

What is this about?

The court disposed of an appeal against a charge-sheet and summoning order in a caste atrocities case without pressing it on merits, directing that bail applications be decided expeditiously if appellants surrender within one month while staying coercive action.

What did the court decide?

Directions for expeditious bail consideration upon surrender within one month; coercive action stayed.

Pradeep Rai and Another vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:157721

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 5579 of 2024

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Appellant :- Pradeep Rai And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Chandra Kumar Rai Counsel for Respondent :- 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 preferred to quash the charge-sheet dated 06.12.2021 and cognizance/summoning order dated 15.02.2022 passed by learned Special Judge, SC/ST (PA) Act, Mau in Session Trial No.109 of 2022 (State vs. Pradeep Rai and Others), under Sections 332, 353, 504, 506 I.P.C. and Sections 3(1)(da) of SC/ST Act in respect of appellant no.1 and under Sections 332, 353, 504, 506, 120B I.P.C. and Sections 3(1)(da) of SC/ST Act in respect of appellant no.2, arising out of Case Crime No.563 of 2021, P.S. Sarai Lakhansi, District- Mau, as well as to set-aside the entire proceedings of abovementioned session trial.

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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 applications 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 applications 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 :- 26.9.2024

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Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Pradeep Rai and Another v. State of U.P. and Another

Case brief

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Pradeep Rai and Another v. State of U.P. and Another

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