Subhash Chandra Patel And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 9716 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 

 
Case :- CRIMINAL APPEAL No. - 3204 of 2022
 

 
Appellant :- Subhash Chandra Patel And 3 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Ashok Kumar Singh,Pratibha Singh,Radhey Shyam Tripathi
 
Counsel for Respondent :- G.A.,Ashutosh Kumar Pandey
 

 
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. Act, 1989 filed by the appellants against the charge sheet dated 13.08.2011, in Case Crime No.198 of 2021(S.T. No.445 of 2021), under sections 323, 504, 506, IPC and section 3(1)Da of SC/ST Act, Police Station Doharighat, District Mau, pending in the court of Special Judge SC/ST Act.

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.

Learned AGA for the State states that he has no objection.

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 :- 8.8.2022

VKG