Aditya Kumar And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 9296 ALL

Citation : 2022 Latest Caselaw 9296 ALL
Judgement Date : 4 August, 2022

Allahabad High Court

Aditya Kumar And 3 Others vs State Of U.P. And Another on 4 August, 2022

Bench: Vikram D. Chauhan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 
Case :- CRIMINAL APPEAL No. - 2725 of 2022
 
Appellant :- Aditya Kumar And 3 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Jitendra Kumar Yadav
 
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/set aside the summoning order dated 4.12.2021 passed by the learned Special Judge, S.C./S.T. Act, Pilibhit in Complaint No.61 of 2021, C.N.R. No.UPPB 100-2141-2021 (Smt. Suman Devi Vs. Aditya Kumar and others), under Sections 354 Ka, 323, 504, 506 IPC as well as Sections 3 (1)(da), 3(1) (dha) and 3 (2)(5A) S.C./S.T. Act against the applicant nos.1 and 2 and Sections 323, 504, 506 IPC as well as Section 3 (1)(da), 3(1) (dha) and 3 (2)(5A) S.C./S.T. Act against the applicant nos.3 and 4, P.S. Madho Tanda, District Pilibhit.

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 :- 4.8.2022/D. Tamang