Atul Kumar vs State Of U.P. And Another
2023 Latest Caselaw 13401 ALL

Citation : 2023 Latest Caselaw 13401 ALL
Judgement Date : 28 April, 2023

Allahabad High Court

Atul Kumar vs State Of U.P. And Another on 28 April, 2023

Bench: Siddharth




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL APPEAL No. - 1598 of 2023
 

 
Appellant :- Atul Kumar
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Rajesh Rai
 
Counsel for Respondent :- G.A.,Sanjay Agrawal
 

 
Hon'ble Siddharth,J.

Heard Sri Rajesh Rai, learned counsel for the appellant; learned AGA for opposite party no.1; Sri Sanjay Agrawal, learned counsel for opposite party no.2 and perused the material placed on record.

The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant, Atul Kumar, to set aside the impugned order dated 23.01.2023, whereby the Special Judge, (SC/ST Act)/ Additional Sessions Judge, Ghaziabad has rejected the bail application of the appellant moved by him in Case Crime No. 106 of 2022, under Sections 147, 323, 325, 504, 506 IPC and Section 3(2)5A of SC/ST Act, Police Station Murad Nagar, District Ghaziabad.

Learned AGA has pointed out that appellant has criminal history of two cases. Even otherwise charge-sheet has been submitted against the appellant on 29.06.2022. Till date he has not been arrested. It appears that appellant does not have any apprehension of his arrest.

In view of the above, this court finds that it is not a fit case for granting anticipatory bail to the appellant.

Criminal appeal is accordingly dismissed.

However on the request of learned counsel for the appellant, it is directed that the in case appellant appears and surrenders before the court below within 30 days from today and applies for regular bail, his bail application shall be considered as per judgment and order of Apex Court in the of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021.

For a period of one month he shall not be arrested in the aforesaid case, if not already arrested.

However, in case, the appellant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.

It is made clear that the appellant will not be granted any further time by this court for surrendering before the court below as directed above.

Order Date :- 28.4.2023