Disposed

Avnish Kumar Rajbhar v. State of U.P. and Another

Allahabad HC9 Sept 2024CRLA/6006/2024

Case brief

AI extract

What is this about?

Appeal under Section 14-A(1) SC/ST Act challenged a cognizance and summoning order in an offences trial. Counsel confined the prayer to expeditious bail consideration on surrender. The court disposed of the appeal directing the trial court to decide any bail application expeditiously and barred coercive action for 30 days.

What did the court decide?

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

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

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Neutral Citation No. - 2024:AHC:151093

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 6006 of 2024

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Appellant :- Avnish Kumar Rajbhar Respondent :- State of U.P. and Another Counsel for Appellant :- Suraj Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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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 challenging impugned cognizance and summoning order dated 10.01.2024 passed by Special Judge, SC/ST Act, Varanasi as well as entire proceedings of Special Session Trial No.88 of 2024 (State Vs. Avnish Kumar Rajbhar), arising out of Case Crime No.77 of 2023, under Section 323, 504, 506, 376 IPC and Section 3(1)(r), 3(1)(s), 3(2)(5a), 3(2)5 of SC/ST Act, Police Station Chaubeypur, District Varanasi, pending in the court of Special Judge, SC/ST Act, Varanasi.

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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 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 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 appellants herein.

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Order Date :- 17.9.2024 Vivek Kr.

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

Avnish Kumar Rajbhar v. State of U.P. and Another

Case brief

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Avnish Kumar Rajbhar v. State of U.P. and Another

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