Guddu Sharma @ Sandeep Kumar And ... vs State Of U.P. And Another
2022 Latest Caselaw 8985 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 
Case :- CRIMINAL APPEAL No. - 5183 of 2022
 
Appellant :- Guddu Sharma @ Sandeep Kumar And Another
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Lakshmi Kant Pandey,Sandeep Kumar Pandey
 
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. (Prevention of Atrocities) Act, 1989 with the prayer to quash the impugned summoning order dated 11.5.2022 including the entire proceeding of Criminal Complaint No. 19 of 2021, under Sections 323, 504 and 506 I.P.C. and Section 3(1) (Da) (Dha) of S.C./S.T Act, Police Station Gopiganj, District Bhadohi, pending before the learned Special Judge S.C./S.T. Act/Second Additional Sessions Judge, Room No. 2, Gyanpur-Bhadohi.

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. 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 :- 2.8.2022

VMA