Om Prakash Singh @ Arun Prakash ... vs State Of U.P. And Another
2022 Latest Caselaw 10491 ALL

Citation : 2022 Latest Caselaw 10491 ALL
Judgement Date : 17 August, 2022

Allahabad High Court

Om Prakash Singh @ Arun Prakash ... vs State Of U.P. And Another on 17 August, 2022

Bench: Vikram D. Chauhan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 

 
Case :- CRIMINAL APPEAL DEFECTIVE No. - 544 of 2022
 

 
Appellant :- Om Prakash Singh @ Arun Prakash Singh And Anothe
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Amarnath Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vikram D. Chauhan,J.

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

The present appeal has been filed under Section 14-A(1) of S.C./S.T. Act, 1989 with the prayer to set aside the impugned charge sheet dated8.1.2020 and the cognizance order dated 17.2.2021 passed by learned Special Judge (S.C./S.T.) Act/Additional Sessions Judge, Varanasi in S.T. No.250 of 2021 (State Vs. Om Prakash Singh and others) arising out of Case Crime No.1361 of 2019, under Sections 147, 323, 504, 506 IPC and Section 3(1)(s) of S.C./S.T. Act, P.S. Cantt, District Varanasi.

At this stage, learned counsel for the appellants restrict his prayer for a direction to the trial court to consider the bail application of the appellants 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 appellants undertake to appear before the trial court within 15 days from today.

Under the circumstances, considering the undertaking given by the appellants, to appear before the trial court within 15 days, it is hereby directed that the appellants shall surrender before the trial court within 15 days from today and in case, appellants surrender, the trial court is expected to decide the bail application of the appellants 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 appellants 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 :- 17.8.2022

Bhaskar