Ajay Nishad v. State of U.P. and Another

Court No. - 82 Case :- CRIMINAL APPEAL No. - 11980 of 2023 Appellant :- Ajay Nishad Respondent :- State of U.P. and Another Counsel for Appellant :- Ashok Kumar Singh,Pratibha Singh Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the appellant and learned A.G.A for the State. This criminal appeal has been preferred under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') for quashing of the entire proceedings, including summoning order dated

02.09.2023, passed by the Special Judge, (SC/ST) Act, Jaunpur in Complaint Case No. 14 of 2021 (Surendra Kumar Saroj Vs. Ajay Nishad), under Sections 323, 406, 420, 504, 506 IPC and 3(1) da and dha SC/ST Act, Police Station-Kerakat, District-Jaunpur. Learned counsel for appellant submits that he is not pressing the appeal on merits and the present appeal may be disposed of finally with the direction to the court below that in case appellant surrender before the court below and apply for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825. Learned A.G.A. has opposed the appeal. In view of the aforesaid, the instant criminal appeal is finally disposed of with direction to the court below that in case the appellant surrenders before the court below within a period of 30 days from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. The instant appeal is disposed of, accordingly. Order Date :- 4.12.2023/Shivani High Court of Judicature at Allahabad