Allahabad High Court
Santosh Kumar And 2 Others vs State Of U.P. And Another on 18 May, 2023
Bench: Mohd. Faiz Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:109974
Court No. - 81
Case :- CRIMINAL APPEAL No. - 5269 of 2023
Appellant :- Santosh Kumar And 2 Others
Respondent :- State of U.P. and Another
Counsel for Appellant :- Vijay Bahadur Shivhare
Counsel for Respondent :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Vijay Bahadur Shivhare, learned counsel for the appellants as well as learned A.G.A. for the State and perused the record.
The instant appeal under Section 14-A(1) SC/ST (Prevention of Atrocities) Act has been filed by the appellants with the prayer to allow the present criminal appeal and quash/set aside the judgment and order dated 13.02.2023 passed by Additional Sessions Judge/Special Judge SC/ST Act, Hamirpur passed in Session Case No. 644/2020 under Sections 323, 504 I.P.C. & 3(1) da/dha 3(2)5-A SC/ST Act, Police Station- Kurara, District Hamirpur.
Learned counsel for the appellant submits that though various prayers have been mentioned in the prayer clause of the appeal but he is confining his prayer to the tune that the appellant is intending to appears/surrenders before the trial court for the purpose of obtaining regular bail, but are having apprehension that the moment he will appear before the trial court for the purpose of obtaining regular bail, disposal of his bail application may take time and in the meantime he may be confined in the prison, which would not only jeopardize his personal liberty but also bring a bad name to his reputation. Thus appropriate directions be given to the trial court for expeditious disposal of their bail application in the light of law laid down by Hon'ble the Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 and Aman Preet Singh Vs. C.B.I. through Director : 2021 SCC OnLine SC 941.
No objection in this regard has been made by learned A.G.A.
Keeping in view the fact that learned counsel for the appellants have confined his prayer only for issuance of appropriate directions to the trial court for expeditious disposal of bail application, which the appellants are intending to move before the trial court, the instant appeal is disposed of with direction to the trial court that if the appellant appears/surrenders before the trial court within 30 days from today and move an appropriate application for bail under Section 439 Cr.P.C., the trial court shall dispose of the same expeditiously in the light of law laid down by Hon'ble the Supreme Court in the cases of Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017, In Re: To issue certain Guidelines Regarding inadequacies and deficiencies in Criminal Trials v. State of Andhra Pradesh and others, MANU/SC/0292/2021, Satender Kumar Antil Vs. Central Bureau of Investigation and others (Supra) and Aman Preet Singh Vs. C.B.I. through Director (Supra), after providing an opportunity of being heard to the parties, strictly in accordance with law.
It is provided that the trial Court at the time of considering the plea of bail of the appellants shall pay due regard to the fact that the appellant no.3 Km. Rama @ Chhama is a student of B.A. and Smt. Suman Devi appellant no.2 is a lady and appellants have been summoned in a complaint case under minor penal offences.
Order Date :- 18.5.2023
Imtiyaz
