Smt. Shakuntala Dubey vs The State Of U.P. And Anr.
2025 Latest Caselaw 3296 ALL

Allahabad High Court

Smt. Shakuntala Dubey vs The State Of U.P. And Anr. on 4 August, 2025

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:45155
 
Court No. - 11
 
Case :- CRIMINAL APPEAL No. - 647 of 2020
 
Appellant :- Smt. Shakuntala Dubey
 
Respondent :- The State Of U.P. And Anr.
 
Counsel for Appellant :- Rajeiu Kumar Tripathi,Abhishek Shukla
 
Counsel for Respondent :- G.A.,Radhey Shyam Tiwari
 

 
Hon'ble Saurabh Lavania,J.
 

Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

The present application has been filed by the applicant for the following main relief(s):-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned judgment and order dated 26.08.2017, passed by the Special Judge (Sc & St Act), Faizabad in Case No. 76/2017 (State Vs. Ram Achal and others) arising out of Case Crime No. 366/16, under Sections 147, 323, 504, 506, 325 Indian Penal Code and 3(2) (v-a) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Poora Kalandar, District Faizabad alongwith consequential order of Non-Bailable Warrant dated 08.01.2020, and the appeal may be allowed and the appellant may kindly be acquitted."

After arguing the matter at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court which may be directed to be decided in view of law laid down by the Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116.

Learned AGA has no objection to the prayer made by learned counsel for the applicant.

Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.

Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case ofSatendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case.It is made clear that in this regard, no further application for extension of time shall be entertained after lapse of 30 days' period.

With the aforesaid observations, the present application is disposed of.

Order Date :- 4.8.2025

Jyoti/-