Abhilakh and 3 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Court No. - 15 Case :- CRIMINAL APPEAL No. - 3544 of 2023 Appellant :- Abhilakh And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Appellant :- Pawan Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard learned counsel for the appellants as well as learned A.G.A. for the State and perused the record. The instant appeal has been filed on behalf of the appellants, namely, Abhilakh, Ajanu, Dharamveer and Rajkumar @ Amool with a prayer to quash the impugned summoning order dated

20.11.2023 passed by learned Additional District and Sessions Judge / Special Judge, S.C./S.T. Act, Shrawasti in Special Case No.438 of 2023, under Sections 452, 354, 323/34 I.P.C. and Section 3(1)(Dha) and Section 3(2)(Va) of S.C./S.T. Act, Police Station Kotwali Bhinga, District Shrawasti as well as to quash the entire criminal proceedings in pursuance thereof. After some argument, learned counsel for the appellants confined his prayer to the extent that a positive direction may be given to learned court below that if a bail application is moved before it by the appellants, the same may be considered and decided expeditiously in accordance with law in light of judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2022) 10 SCC 51 as the punishment in the above case is less than seven years. Learned A.G.A. as well has no objection to the prayer made by learned counsel for the appellants and submits that a positive direction may be issued to the learned court below to consider and decide the bail application, if moved before it by the appellants, expeditiously in accordance with law after hearing the public prosecutor. In view of the submissions made by learned counsel for the parties, if the appellants appear and surrender before the court below and apply for bail within four weeks' from today, the prayer for bail shall be considered and decided expeditiously by the court below in accordance with law after hearing the Public Prosecutor in light of judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil (Supra). With the aforesaid observations, this appeal is finally disposed of. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 20.12.2023 Saurabh High Court of Judicature at Allahabad, Lucknow Bench