Lallu Gupta and 5 Others v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL APPEAL No. - 6932 of 2023 Appellant :- Lallu Gupta And 5 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Ashok Kumar Singh Counsel for Respondent :- G.A.,Ashish Kumar Mishra Hon'ble Krishan Pahal,J.

¶1Heard Mr. Ashok Kumar Singh, learned counsel for the appellants, Mr. Ashish 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 29.05.2023 passed by learned Additional Session Judge/Special Judge (SC/ST Act), Bhadohi-Gyanpur in Complaint Case No. 54 of 2021 (Anil Kumar vs. Lallu Gupta and Others), whereby the appellants were summoned under Sections-323, 504, 427, 452 IPC and Sections-3(1) r, s of SC/ST Act, Police Station-Koirauna, District-Bhadohi.

¶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-Lallu Gupta, Ramesh Yadav, Baooli Yadav, Chhote, Pradeep and Lal Mohammad, in the above case. Order Date :- 19.10.2023 Saif High Court of Judicature at Allahabad