Ram Prakash and 4 Others v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL APPEAL No. - 7149 of 2023 Appellant :- Ram Prakash And 4 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Sarvajeet Singh Counsel for Respondent :- G.A.,Roopesh Kumar Mishra Hon'ble Krishan Pahal,J.

¶1Heard Mr. Sarvajeet Singh, learned counsel for the appellants, Mr. Roopesh Kumar Mishra, learned counsel for the opposite party no.2 and learned A.G.A. for the State-respondent.

¶2This appeal has been filed with a prayer to set aside the impugned summoning order dated 20.08.2022 passed by learned IInd Additional Session Judge/ Special Judge SC/ST Act, (P.A.), Badaun in Criminal Case No. 357 of 2019 (CNR No. UPBN01-006156-2019) under Sections-354, 504, 506 IPC and Sections-3(1)X and XI of SC/ST Act, Police Station-Udaiti, District-Budaun.

¶3After arguing for some time, appellants' counsel submits that the present criminal appeal may be disposed of with a direction to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC

825.

¶4Learned A.G.A. as well as learned counsel for the opposite party no.2 have no objection to the prayer of learned counsel for the appellants.

¶5After hearing learned counsel for the parties, no case is made out for interference. The present criminal appeal is disposed of with a direction that the appellants shall surrender before the concerned court within one month from today and in case a regular bail application is filed, the same be decided in view of the law laid down by the Supreme Court in case of Satender Kumar Antil (supra).

¶6For the period of one month from today or till the time of surrender of the appellants before the concerned court, whichever is earlier, no coercive action shall be taken against the appellants-Ram Prakash, Kuldeep, Avnees, Manoj and Sachin, in the above case. Order Date :- 19.10.2023 Saif High Court of Judicature at Allahabad