Shyam Kumar Rathour @ Shyam Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Shyam Kumar Rathour @ Shyam Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal finally disposed of on the limited prayer: appellant to appear before the court below within one month and move a bail application, to be considered in terms of the guidelines in Satender Kumar Antil (2022) 10 SCC 51; no coercive process against the appellant for one month.

Issue for consideration

Whether the judgment and order dated 02.11.2023 passed by the Special Judge (SC/ST Act), Lucknow, taking cognizance and summoning the appellant under Sections 323, 427, 452, 504 IPC and 3(1)Da, 3(1)Dha, 3(2)(va) SC/ST Act, is illegal and arbitrary. (Raised but not adjudicated; appeal disposed on limited prayer.) +1 more

Ratio / Principle

In view of the appellant's limited prayer, the criminal appeal is finally disposed of.

Key takeaways

The appellant is directed to appear before the court below within one month and move an application for bail, which shall be heard and disposed of in terms of the guidelines issued by the Hon'ble Supreme Court in Satender Kumar Antil (supra).ratio¶17
For a period of one month from the date of the order, no coercive process shall be adopted against the appellant by the court below.ratio¶18

Detailed headnote1 paragraphs

Criminal appeal under Section 14A(1) SC/ST Act against the judgment and order dated 02.11.2023 of the Special Judge (SC/ST Act), Lucknow, in Criminal Misc. Case No. 3211/2023 ('State Vs. Shyam Kumar Rathour @ Shyam'), summoning the appellant under Sections 323, 427, 452, 504 IPC and 3(1)Da, 3(1)Dha, 3(2)(va) SC/ST Act. Counsel for the appellant, whose client had not been arrested during investigation, confined the prayer to a direction that the appellant be permitted to appear before the court below and have his bail application considered per the guidelines in Satender Kumar Antil v. CBI, (2022) 10 SCC 51; learned AGA had no objection. Held: appeal finally disposed of; appellant to appear before the court below within one month and move bail, to be heard and disposed of in terms of Satender Kumar Antil (supra); no coercive process against the appellant for one month. The legality of the summoning order was not adjudicated.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 3958 of 2025

Shyam Kumar Rathour @ Shyam

.....Appellant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Another	Lko. And .....Respondent(s)
Counsel for Appellant(s) :	Vimal Kishor Singh, Premkant
Counsel for Respondent(s) :	G.A.

Court No. - 27

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the appellant and learned A.G.A. for the State.

Criminal Appeal Under Section 14A (1) Of SC/ST Act, Against The Judgment and Order Dated 02.11.2023, Passed By Special Judge (SC/ST Act), Lucknow, In Criminal Misc. Case No. 3211/2023, 'State Vs. Shyam Kumar Rathour @ Shyam, by means of which summoning the Appellant under Sections 323, 427, 452, 504 of I.P.C. and 3(1)Da, 3(1)Dha, 3(2)(va) of SC/ST Act, in an illegal and arbitrary manner.

Learned counsel for the appellant submits that in the present appeal cognizance taken and summoning order has been assailed. He further submits that the appellant has not been arrested during investigation.

Learned counsel for the appellant , at this stage, has confined his prayer to the extent that the appellants may be permitted to appear before the court below for prayer of bail, therefore, a necessary direction may kindly be issued to the court below to consider the bail application of the appellants in terms of guidelines issued by Hon'ble Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another (2022) 10 SCC 51 .

Learned AGA has no objection to the prayer made by learned counsel for the appellants.

In view of above prayer, the appeal is finally disposed off . The

CRLA No. 3958 of 2025

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appellant is directed to appear before the court below within a period of one month from today and move an application for bail which shall be heard and disposed of in terms of guidelines issued by Hon'ble Supreme in Satender Kumar Antil (Supra).

For a period of one month from today, no coercive process shall be adopted against the appellant by the court below.

(Ram Manohar Narayan Mishra,J.)

December 8, 2025

dk/

Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench