Citation : 2022 Latest Caselaw 8760 ALL
Judgement Date : 1 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 90 Case :- CRIMINAL APPEAL No. - 3165 of 2022 Appellant :- Jitendra Singh @ Deepak Yadav @ Deepu Respondent :- State Of U.P. And Another Counsel for Appellant :- Satya Narayan Gupta 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 S.C./S.T. Act, 1989 with the prayer to set aside the impugned charge sheet dated 6.12.2021 and the cognizance order dated 28.1.2022 passed by learned Special Judge (S.C./S.T.) Act, Lalitpur in S.S.T. No. of 2022 (State of U.P. Vs. Sumit Yadav @ Guddu and others) arising out of Case Crime No.862 of 2021, under Sections 147, 323, 504, 506 IPC and Section 3(1) (Da)(Dha) of S.C./S.T. Act, P.S. Kotwali Lalitpur, District Lalitpur.
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 undertake 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 does 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
Bhaskar
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