Citation : 2023 Latest Caselaw 19980 ALL
Judgement Date : 31 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:50056 Court No. - 29 Case :- CRIMINAL APPEAL No. - 2200 of 2023 Appellant :- Harnam @ Harinam Pal And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 6 Others Counsel for Appellant :- Rajiva Dubey Counsel for Respondent :- G.A. Hon'ble Mrs. Renu Agarwal,J.
Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record.
Instant appeal under Section 14(A)(1) of the SC/ST Act has been filed with prayer to quash the entire criminal proceedings as well as impugned charge sheet and summoning order dated 2.2.2021 vide Special Sessions Trial No. 79/2021 arising out ofCase Crime No.258 of 2020, under Sections 323,504,506 IPC & Sections 3(1)(da),3(1)(dha) of the SC/ST Act, Police Station - Mohammadi, District - Lakhimpur Kheri, pending in the court of learned IInd Additional Sessions Judge/Special Sessions Judge, SC/ST Act, Lakhimpur Kheri
Learned counsel for the appellants submits that theappellants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the appellants are not involved in committing the alleged offence as has been mentioned in the first information report.
At this stage, learned counsel for theappellants submits that he does not want to press the appeal and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.
Learned A.G.A. has no objection to the prayer made by learned counsel for theappellants.
On due consideration to the submissions of learned counsel for the parties, it is provided that in case, theappellants appear before the trial court and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).
The instant appeal is disposed off accordingly.
Order Date :- 31.7.2023
Shravan
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