Allahabad High Court
Ajay Nishad vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 30 May, 2024
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:40971
Court No. - 13
Case :- CRIMINAL APPEAL No. - 1761 of 2024
Appellant :- Ajay Nishad
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another
Counsel for Appellant :- Jagroopan Nishad,Pramendra Kumar
Counsel for Respondent :- G.A.
Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the appellant/applicant and learned AGA for the State as well as perused the record.
2. The present appeal has been filed with a prayer to quash/set aside the judgment and order dated 03.05.2024 passed by Special Judge, (S.C./S.T. Act), Ambedkarnagar in Anticipatory Bail Application No. 406 of 2024 (Ajay Nishad vs. State of U.P.) arising out of Case Crime No. 0017/2024, under Sections- 307, 323, 504, 506, 120B IPC and Sections- 3(2)(V) of SC/ST Act, Police Station- Bewana, District- Ambedkarnagar.
3. Considering the arguments of learned counsel for the parties as also the facts, as narrated, including the video clip based upon which the name of appellant surfaced in the crime in issue as also taking note of the same in the light of law laid down by Hon'ble Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843, on being confronted, after arguing the matter at some length, learned counsel for the appellant submitted that he does not want to press this appeal on merit and he confines his prayer only to the extent that appellant may be permitted to move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.
4. Learned A.G.A. has no objection in grant of aforesaid prayer.
5. The Apex Court, after considering the various pronouncements on the issues, in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No.5191 of 2021 has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific directions need to be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex Court.
6. Keeping in view the entirety of facts and circumstances of the case and having regard to the submissions of learned counsel for the applicant/appellant, the appeal is disposed of with liberty as prayed for and with a direction to the court below that if the appellant applies for bail before the Court below within 30 days from today, his prayer for bail shall be considered and decided expeditiously in accordance with law.
7. Taking note of the facts of the case and also the observations made in the case ofSatendra Kumar Antil (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officers concerned that for a period of 30 days from today or till the appellant applies for bail, whichever is earlier, they would not taken any coercive action against the appellant in the aforesaid case.
8. With the aforesaid observations, the present appeal is disposed of.
Order Date :- 30.5.2024
Arun/-
