Bindra Yadav and Another Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Bindra Yadav and Another Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the appellants to appear before the trial court within two weeks and file a bail application, which shall be decided expeditiously in view of the law laid down in Satender Kumar Antil (2022) 10 SCC 51; the impugned order and charge-sheet were not quashed.

Issue for consideration

Whether the impugned order dated 12.11.2024 of the Special Judge, S.C./S.T. Act, Barabanki and the charge-sheet dated 12.3.2024 in Sessions Case No. 1999/2024 should be quashed in this appeal under Section 14-A(1) of the SC/ST (Prevention of Atrocities) Act, 1989. +1 more

Ratio / Principle

If the appellants appear before the trial court within two weeks and file a bail application, the same shall be decided expeditiously in view of the law laid down in Satender Kumar Antil (supra).

Key takeaways

The appeal is disposed of accordingly; the quashing prayer was not pursued on merits.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Shree Prakash Singh, J.; Neutral Citation 2025:AHC-LKO:19429; decided 7.4.2025). Criminal Appeal No. 1036 of 2025 under Section 14-A(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 filed by Bindra Yadav and another against the State of U.P., seeking quashing of the impugned order dated 12.11.2024 passed by the Special Judge, S.C./S.T. Act, Barabanki along with the charge-sheet dated 12.3.2024 in Sessions Case No. 1999/2024 arising out of Case Crime No. 37 of 2024 (Sections 323, 504, 506 I.P.C.; Section 3(1)Da, Dha, 3(2)(Va) of S.C./S.T. Act; P.S.- Tikaitnagar, District- Barabanki). Learned counsel for the appellants did not press the appeal and sought liberty to file a bail application before the trial court, to be decided in view of Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51; the A.G.A. raised no objection. Held: appeal disposed of - on the appellants appearing before the trial court within two weeks and filing a bail application, it shall be decided expeditiously in view of Satender Kumar Antil (supra).

Neutral Citation No. - 2025:AHC-LKO:19429

Court No. - 29 Case :- CRIMINAL APPEAL No. - 1036 of 2025 Appellant :- Bindra Yadav And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Bhola Singh Patel,Pravin Kumar Verma Counsel for Respondent :- G.A.

Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the appellants and learned A.G.A. for the State as well as perused the record.

Instant appeal under Section 14-A(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has been filed with prayer to quash the impugned order dated 12.11.2024 passed by the court of Special Judge, S.C./S.T. Act, Barabanki along with charge-sheet dated 12.3.2024 in Sessions Case No. 1999/2024 arising out of Case Crime No. 37 of 2024, under Sections 323,504,506 I.P.C. & Section 3(1)Da, Dha, 3(2) (Va) of S.C./S.T. Act, P.S.- Tikaitnagar, District- Barabanki.

Learned counsel for the appellants submits that the appellants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the appellants are not involved in committing the alleged offence as has been mentioned in the First Information Report.

At this stage, learned counsel for the appellants submits that he does not want to press the appeal and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.

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

On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the appellants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra) .

The appeal is disposed of accordingly.

Order Date :- 7.4.2025 Shravan

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