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1989 DAILYLAW 997 (ALL)

NITESH KUMAR v. STATE OF U.P. AND ANOTHER

CRLA/1989/2026 · 2026-05-04

Tej Pratap Tiwari

Criminal Appealbody1989

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 1989 of 2026 Court No. - 92 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard learned counsel for the appellant, learned A.G.A. for the State of U.P. and perused the record. 2. The instant criminal appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed by the appellant to set aside the charge sheet dated 03.06.2025 and summoning as well as cognizance order dated 14.10.2025 passed by Additional District & Session Special Judge, S.C./S.T. Act, Hapur as well as entire criminal proceeding of Case No. 2667 of 2025 arising out of Case Crime No. 314 of 2025, under Sections 352, 351(2) B.N.S. and Section 3(2)(va) S.C./S.T. Act, Police Station Hapur Nagar, District Hapur, pending in the court of Additional District & Session Special Judge, S.C./S.T. Act, Hapur. 3. At the very outset, learned counsel for the appellant submits that he does not wish to press the appeal on merits; rather, he seeks liberty to file an appropriate application before the concerned trial court and a direction to the learned trial court to decide the bail application of the appellant in light of the judgment of the Hon'ble Supreme Court in Satender Kumar Antil vs. CBI, (2022) 10 SCC 51. 4. Learned A.G.A. for the State does not oppose the submissions made by learned counsel for the appellant. 5. In light of the law laid down by the Hon'ble Supreme Court regarding the grant of bail to an accused, the appellant is granted liberty to file a bail application before the concerned trial court within three weeks from Versus Counsel for Appellant(s) : Ashish Kumar Singh Counsel for Respondent(s) : G.A. Nitesh Kumar .....Appellant(s) State of U.P. and Another .....Respondent(s) today, along with a certified copy of this order. If such an application is filed within the said period, the concerned trial court shall pass an order on the same in accordance with law. For a period of three weeks, or till the filing of the bail application, whichever is earlier, no coercive action shall be taken against the appellant in the aforesaid case. 6. With the aforesaid observations, the present criminal appeal is disposed of. May 5, 2026 Manoj CRLA No. 1989 of 2026 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad