Vipin Singh And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 8835 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 

 
Case :- CRIMINAL APPEAL DEFECTIVE No. - 496 of 2022
 

 
Appellant :- Vipin Singh And 3 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Ashok Kumar Mishra,Krishna Kant Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vikram D. Chauhan,J.

Order on Delay Condonation Application No.1 of 2022

Heard learned counsel for the appellant and the learned A.G.A. for the State.

The delay in filing the appeal is caused on account of COVID-19 pandemic and in view of the judgment of the Apex Court, the delay is liable to be condoned.

Learned A.G.A. has no objection.

The delay condonation application is allowed.

Order on Appeal

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 24.7.2020 and the cognizance order dated 18.8.2020 passed by learned Special Judge (S.C./S.T.) Act, Chitrakoot in S.T. No.282 of 2020 (State Vs. Vipin Singh and others) arising out of Case Crime No.0025 of 2020, under Sections 323, 504, 506, 354(Kha) IPC and Section 3(1)(s) of S.C./S.T. Act, P.S. Raipura, District Chitrakoot.

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 :- 2.8.2022

Bhaskar