Omkar Sikarwar And 3 Others vs State Of U.P. And Another
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Allahabad High Court

Omkar Sikarwar And 3 Others vs State Of U.P. And Another on 11 June, 2024

Author: Samit Gopal

Bench: Samit Gopal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:103056
 
Court No. - 46
 
Case :- CRIMINAL APPEAL No. - 4133 of 2024
 
Appellant :- Omkar Sikarwar And 3 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Pankaj Dwivedi
 
Counsel for Respondent :- G.A.,Kuldeep Singh Chahar
 

 
Hon'ble Samit Gopal,J.
 

1. List revised.

2. Sri Pankaj Dwivedi, learned counsel for the appellant, Sri Kuldeep Singh Chahar, learned counsel for the opposite party no. 2 and Sri Birendra Pratap Singh, learned counsel for the State are present.

3. The present appeal has been filed by the appellants Omkar Sikarwar, Amar @ Nirakar Sikarwar, Ram Nivash and Dhruv Singh with the prayer to set aside the judgment and order dated 08.01.2024 passed by Special Judge SC/ST Act, District Agra in Case Crime No. 300 of 2023, under section 147, 148, 149, 323, 504, 506, 307 of I.P.C. and Section 3(1)(Da), 3(1) (Dha) and 3(2)(V) of SC/ST Act, Police Station Shamshabad, District Agra and with a further prayer to release the appellants on anticipatory bail in aforesaid case.

4. Learned counsel for the appellants submits that the appellant no. 1 Omkar Sikarwar, appellant no. 2 Amar @ Nirakar Sikarwar and appellant no. 3 Ram Nivash have surrendered and as such present appeal insofar as they are related be dismissed as not pressed.

5. Prayer is allowed.

6. The appeal in respect of appellant nos. 1 to 3 is dismissed as not pressed.

7. The appeal now survives only for the appellant no. 4 Dhruv Singh.

7. Learned counsel for the appellants submits that he does not want to press the prayers made in the present appeal but appropriate directions be issued to decide the bail application of the appellant no. 4 by the court concerned, expeditiously.

8. Learned counsel for the opposite party no. 2 and learned counsel for the State have no objection to the said proposition.

9. The prayers made in the present appeal stand dismissed as not pressed.

10. Needless to say that the accused has a right to file his bail application under section 439 Cr.P.C. which shall be heard and decided expeditiously subject to his surrender, appearance and filing of the same. The court shall decide the bail application of the appellant no. 4 in accordance with law, expeditiously.

11. The appeal is accordingly disposed of in respect of appellant no. 4.

Order Date :- 11.6.2024

K.K. Maurya

(Samit Gopal,J.)