Karan Rajpoot Alias Karan Verma and Another v. State of U.P. Thru. Prin. Secy. (Home), Lucknow and Another

Court No. - 29 Case :- CRIMINAL APPEAL No. - 3180 of 2023 Appellant :- Karan Rajpoot Alias Karan Verma And Another Respondent :- State Of U.P. Thru. Prin. Secy. (Home), Lucknow And Another Counsel for Appellant :- Nisha Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Renu Agarwal,J. Heard learned counsel for appellants, learned A.G.A. for the State and perused the record of the case. Instant criminal appeal under section 14A (1) of SC/ST Act has been preferred for quashing the impugned Summoning Order Dated 23.03.2021, passed by Learned Special Judge SC/ST Act, Barabanki, in Session Case No. 375/2022, 'State Vs Karan Rajpoot @ Karan Verma & another', under sections 323, 308, 34, 504 I.P.C., & Section 3(1)(Da), 3(1)(Dha), 3(2)(Va), SC/ST Act, Police Station-Kotwali, District - Barabanki, as well as Chargesheet No. 69/2022, dated 22.12.2021, arising out of Case Crime No. 0986/2021, under section - 323, 308, 34 I.P.C., Police Station - Kotwali, District - Barabanki. Learned counsel for the appellants submits that he does not want to press the prayer made in the instant appeal. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the appellants in the light of the law laid down by the Apex Court in the cases 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. Learned A.G.A. is having no objection, if such a direction is given to the court concerned to decide the bail application of the appellants in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras). Accordingly, it is directed that if appellants appear before the trial court within two weeks from today and apply for bail, then the bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the cases of Satender Kumar Antil (supras). With these direction/observations, the present appeal is, accordingly, disposed of. (Renu Agarwal,J.) Order Date :- 9.11.2023 Manoj K. High Court of Judicature at Allahabad, Lucknow Bench