Disposed

Abhishek @ Tandan @ Aryan Maurya v. State of U.P. and Another

Allahabad HC21 Aug 2024CRLA/6734/2024

Case brief

AI extract

What is this about?

The appellant's criminal appeal against the charge-sheet under the SC/ST Act was disposed of finally upon the appellant's counsel stating the appeal was not pressed on merits. The Court directed the trial court to expedite bail consideration if the appellant surrendered within one month, while restraining coercive action during that period.

What did the court decide?

Appeal disposed of with direction for expedited bail upon surrender; coercive action stayed for one month.

Abhishek @ Tandan @ Aryan Maurya vs State of U.P. and… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:134330

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 6734 of 2024 Appellant :- Abhishek @ Tandan @ Aryan Maurya Respondent :- State of U.P. and Another Counsel for Appellant :- Pawan Kumar Tiwari 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 to set-aside the charge-sheet dated 28.02.2021 submitted by the concerned Investigating Officer in S.T. No.20 of 2022 (State vs. Thakur Prasad and Another) arising out of Case Crime No.27 of 2021, under sections 504, 352, 332 I.P.C. and section 3(2)(Va) of SC/ST Act, P.S. Handia, District- Prayagraj as well as to set-aside the abovementioned trial.

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At the very outset, 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 surrenders 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 surrenders before the court concerned within a period of one month from today and apply 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 one month from today, no coercive action shall be taken against the appellant herein.

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Order Date :- 21.8.2024/Saif

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

Abhishek @ Tandan @ Aryan Maurya v. State of U.P. and Another

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Abhishek @ Tandan @ Aryan Maurya v. State of U.P. and Another

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