Ravi Verma and 4 Others v. State of U.P. and Another

Court No. - 77 Case :- CRIMINAL APPEAL No. - 10359 of 2023 Appellant :- Ravi Verma And 4 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Shaheen Bano,Shahnawaz Khan Counsel for Respondent :- G.A.,Kuldeep Kumar Dixit Hon'ble Mrs. Renu Agarwal,J.

¶1Court affidavit and rejoinder affidavit have been filed on behalf of the parties, which are taken on record.

¶2Heard learned counsel for the appellants, learned AGA for the State and perused the record.

¶3Present Criminal Appeal under section 14-A(1) of Schedule Casts and Scheduled Tribes(Prevention of Atrocities) Amendment Act, 1989, has been filed against the impugned summoning order dated 17.08.2023 passed by learned Additional Session Judge/Special Judge(SC/ST Act), Shahjahanpur in Complaint Case No.20 of 2023(Prempal Vs. Ravi Verma and Others), under sections 452, 504, 506, IPC and section 3(1)(dha) of SC/ST Act, Police Station Jalalabad, District Shahjahanpur, by which the learned Special Judge summoned the appellants for facing the trial.

¶4During the course of argument learned counsel for the appellants submits that he does not want to press the prayer made in the appeal and confines his prayer only to the extent that a direction be given to the court below to decide the bail application of the appellants in the light of the law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Bureau of Investigation and others MANU/SC/0851/2022.

¶5Learned AGA for the State is having no objection, if such a direction is given to the court below to decide the bail application of the appellants in the light of the judgments of Apex Court in the cases of Satender Kumar Antil(Supra).

¶6Considering the aforesaid fact it is directed that if the appellants appears before the trial court within fifteen days from today and apply for bail then, their bail application shall be decide by the court concerned on the basis of law laid down by the Apex Court in the cases of Satender Kumar Antil(Supra).

¶7With the aforesaid direction/observation, the present appeal is disposed of accordingly. (Renu Agarwal,J.) Order Date :- 29.11.2023 VKG High Court of Judicature at Allahabad