Mulchandra vs State Of U.P. And Another
2022 Latest Caselaw 9696 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 

 
Case :- CRIMINAL APPEAL No. - 4081 of 2022
 

 
Appellant :- Mulchandra
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Jaysingh Yadav
 
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 11.3.2022 and the cognizance order dated 13.4.2022 passed by learned Special Judge (S.C./S.T.) Act, Lalitpur in S.S.T. No.162 of 2022 (State Vs. Mulchandra) arising out of Case Crime No.116 of 2022, under Sections 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 :- 8.8.2022

Bhaskar