Nagendra Bahadur Singh @ Jagandu ... vs State Of U.P. And Another
2022 Latest Caselaw 8688 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 

 
Case :- CRIMINAL APPEAL No. - 3656 of 2022
 

 
Appellant :- Nagendra Bahadur Singh @ Jagandu And 2 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Anand Kumar Singh
 
Counsel for Respondent :- G.A.,Mohd. Nasim Ahmad,Qazi Vakil Ahmad
 

 
Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the appellants and Sri Mohd. Nasim, learned counsel for the informant.

The present appeal has been filed under Section 14-A(1) of S.C./S.T. Act, 1989 against the impugned order dated 9.9.2021 passed by the Special Judge (S.C./S.T. Act)/IInd Additional Sessions Judge, Court No.2 in S.T. No.311 of 2021 (State Vs. Nagendra Bahadur Singh @ Jagandu) arising out of Case Crime No.93 of 2021, P.S. Gyanpur, District Bhadohi under Sections 323, 504, 506 IPC and Sections 3(1)(Da) and 3(1) (Dha) of S.C./S.T. Act as well as against the bailable order dated 13.4.2022 in the aforesaid case.

At this stage, learned counsel for the appellants restricts 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. He submits that earlier occasion this Court has directed the appellants to appear before the trial court by order dated 5.1.2022, however, on account of COVID-19 they could not appear. The appellants undertake to appear before the trial court within 15 days from today.

Learned counsel for the informant submits that despite the order of this Court, appellants are not appearing before the trial court and are evading. He submits that bailable warrant has been issued against them.

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 :- 1.8.2022

D. Tamang