Mukesh Alias Mukesh Kumar Yadav vs State Of U.P. And Another
2022 Latest Caselaw 10323 ALL

Citation : 2022 Latest Caselaw 10323 ALL
Judgement Date : 16 August, 2022

Allahabad High Court

Mukesh Alias Mukesh Kumar Yadav vs State Of U.P. And Another on 16 August, 2022

Bench: Vikram D. Chauhan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 
Case :- CRIMINAL APPEAL No. - 5455 of 2022
 
Appellant :- Mukesh Alias Mukesh Kumar Yadav
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Rajesh Singh,Abhishek Ranjan Yadav,Km. Rekha Bind
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the appellant, learned AGA for the State and perused the record.

The present appeal has been filed under Section 14-A(1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with the prayer to quash the entire proceedings of Complaint Case No.07 of 2022 (Jhunni Lal Vs. Mukesh and others), under Sections 420, 323, 504, 506 IPC and Section 3(1)da & 3(1)dha of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Bilaspur, District Rampur pending before Special Judge (S.C./S.T. Act), Rampur as well as impugned summoning order dated 21.05.2022.

At this stage, learned counsel for the appellant restricts his prayer for a direction to the trial court to consider the bail application of the appellant in accordance with the judgment of the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another passed in Special Leave Petition (Crl.) No.5191 of 2021 dated 11th July, 2022. The appellant undertakes to appear before the trial court within 15 days from today.

Under the circumstances, considering the undertaking given by the appellant, to appear before the trial court within 15 days, it is hereby directed that the appellant shall surrender before the trial court within 15 days from today and in case, appellant surrender, the trial court is expected to decide the bail application of the appellant in accordance with law, keeping in view the judgment of the Apex Court in the case of Satendra Kumar Antil (supra).

It is provided that in case the appellant do not surrender within 15 days from today, the trial court shall proceed to take coercive measure strictly in accordance with law.

With the aforesaid observation and direction, the appeal is disposed of.

Order Date :- 16.8.2022

D. Tamang