Rahul And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 9116 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 
Case :- CRIMINAL APPEAL No. - 2024 of 2022
 
Appellant :- Rahul And 2 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi
 
Counsel for Respondent :- G.A.,Ronak Chaturvedi
 

 
Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the appellants, Sri Ronak Chaturvedi, learned counsel for the opposite party no.2, 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, Prevention of Atrocities Act, 1989 with the prayer to set aside the order dated 10.03.2022 passed by Special Judge, S.C./S.T. Act, Bijnor (Rahul and others Vs. State of U.P. and others) arising out of Complaint Case No.277 of 2020, under Sections 504, 506 IPC and Section 3(1) R and 3(1) S of S.C./S.T. Act, P.S. Kotwali City District Bijnor.

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 :- 3.8.2022

D. Tamang