Uma Kant @ Umakant Tiwari and 2 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Uma Kant @ Umakant Tiwari and 2 Others 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 confined prayer: appellants to appear before the court below within one month and move bail applications to be dealt with per the Satender Kumar Antil (2022) 10 SCC 51 guidelines; one-month protection from coercive process; liberty to seek discharge via a speaking-order decision.

Issue for consideration

Whether the summoning order dated 29.08.2025 in S.T. No. 1175 of 2025 and the charge-sheet dated 17.07.2025 arising out of Case Crime No. 179 of 2025 should be quashed in this appeal under Section 14-A(1) SC/ST Act. +1 more

Court's answer

The appellants are at liberty to move a discharge application before the trial court taking all pleas advanced in the present appeal; if filed, such an application shall be heard and decided by a speaking order in accordance with law.

Ratio / Principle

The appeal is finally disposed of; the appellants are 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 Supreme Court in Satender Kumar Antil (2022) 10 SCC 51.

Key takeaways

For a period of one month from the date of the judgment, no coercive process shall be adopted against the appellants by the court below.ratio¶20

Detailed headnote1 paragraphs

Criminal appeal (CRLA No. 3960 of 2025, Allahabad High Court, Lucknow Bench) under Section 14-A(1) of the SC/ST (Prevention of Atrocities) Act against the summoning order dated 29.08.2025 passed by the Addl. Sessions Judge/Special Judge (SC/ST Act), Gonda in S.T. No. 1175 of 2025, with a further prayer to quash the charge-sheet dated 17.07.2025 arising out of Case Crime No. 179 of 2025 (P.S. Nawabganj, District Gonda) under Sections 115(2), 352, 351(2) BNS and Sections 3(2)5-A, 3(1)(Dha) SC/ST Act. Counsel for the appellants (false implication alleged, land dispute background, no arrest during investigation) confined the prayer to a direction that the trial court consider their bail applications in terms of the Satender Kumar Antil v. CBI, (2022) 10 SCC 51 guidelines, the offences being punishable with a maximum term of seven years; the AGA raised no objection. Held (Ram Manohar Narayan Mishra, J., December 9, 2025): appeal finally disposed of — appellants to appear before the trial court within one month and move bail applications, to be heard and disposed of per the Satender Kumar Antil guidelines; no coercive process for one month; liberty reserved to file a discharge application raising all pleas taken in the appeal, to be decided by a speaking order in accordance with law. No adjudication on the merits of the quashing prayer.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 3960 of 2025

Uma Kant @ Umakant Tiwari And 2 Others

.....Appellant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another

.....Respondent(s)

Counsel for Appellant(s) : Anil Kumar Tiwari, Satyam Tiwari, Ujjawal Tewari Counsel for Respondent(s) : G.A.

Court No. - 27

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

The instant criminal appeal under Section 14-A(1) of Scheduled Castes and Scheduled Tribes ( prevention of Atrocities) Act has been preferred against the summoning order dated 29.08.2025 passed by learned Additional Sessions Judge/ Special Jude, S.C./S.T. Act, Gonda in S.T. No. 1175 of 2025 whereby the appellants have prayed for quashing of the charge-sheet dated 17.07.2025 arising out of case Crime No. 179 of 2025 under Sections 115(2), 352, 351(2) BNS Section 3(2) 5-A, 3(1)(Dha) SC/ST Act, Police Station Nawabganj District Gonda.

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

Learned counsel for the appellants submits that the appellants have been falsely implicated due to land dispute between the informant and her family members and the appellants. The informant raised a thatched 'Chapper' on disputed land in unauthorized manner and has filed civil suit also to protect her unauthorized possession. According to the prosecution version, the incident occurred in the night in front of the house of the informant. No public witness have been named in the FIR. He further submits that the appellant were not arrested during investigation.

Learned counsel for the appellants, at this stage, has confined his

CRLA No. 3960 of 2025

2

prayer to the extent that the appellants may be permitted to appear before the court below for prayer of bail. The offenses are punishable with a maximum term of 7 years of imprisonment, 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 of . The appellants are directed to appear before the court below within 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 appellants by the court below.

The appellants are at liberty to move an application for discharge before the trial court in whch they may take all the pleas which are taken in the present appeal and if such an application is filed, the same shall be heard and decided by speaking order in accordance with law.

(Ram Manohar Narayan Mishra,J.)

December 9, 2025 dk/

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