Citation : 2023 Latest Caselaw 18385 ALL
Judgement Date : 20 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:47558 Court No. - 29 Case :- CRIMINAL APPEAL No. - 2110 of 2023 Appellant :- Ruchika Chaurasiya And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko And Another Counsel for Appellant :- Ram Achal,Himanshu Nag Counsel for Respondent :- G.A. Hon'ble Mrs. Renu Agarwal,J.
Heard Shri Ram Achal, learned counsel for applicants, learned AGA for the State and perused the record of the case.
Present criminal appeal under Section 14(A1)(1) Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the charge-sheet dated 06.12.2020 and summoning order dated 26.10.2021 passed by learned Special Judge SC/ST, Lucknow in Special Sessions Trial No. 274 of 2020 under Section 323, 504, 332, 353 I.P.C. and 3(1)(Da) and 3(1)(Dha) Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.
Learned counsel for the applicant does not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicant in the light of the law laid down by the Apex Court in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Bureau of Investigation and others MANU/SC/0851/2022 as the co-accused has also been given the benefit of Satender Kumar Antil (supras).
Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicant in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras).
Accordingly, it is directed that if applicant appears before the trial court within 15 days from today and apply for bail then, his bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the cases of Satender Kumar Antil (supras).
With these direction/observation, the present appeal is, accordingly, disposed of.
(Renu Agarwal,J.)
Order Date :- 20.7.2023
Karan
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