MOHD. MOINUDDIN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND ANOTHER
CRLA/137/2025 · 2025-05-08
Alok Mathur
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 116393 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116393 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27157 Court No. - 12 Case :- CRIMINAL APPEAL No. - 137 of 2025 Appellant :- Mohd. Moinuddin And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another Counsel for Appellant :- Sachin Srivastava Counsel for Respondent :- G.A.,Gaurav Shukla Hon'ble Alok Mathur,J.
1. Heard Sri Sachin Srivastava, learned counsel for appellants as well as learned Additional Government Advocate for State.
2. The present present criminal appeal under Section 14-A(1) of the SC/ST Act has been filed against order dated 07.12.2024, passed by the Special Judge (SC/ST Act), Bahraich in Case No. 271 of 2019 - Km. Suman Vs. Prem Sharan and Others, under Sections 420, 467, 468, 471 IPC and Section 3(1)(cha) of SC/ST Act, Police Station - Kotwali Nanpara, District - Bahraich, whereby discharge application of the appellants has been rejected.
3. Learned counsel for appellants, after arguing the matter at some length, submits that grievance of appellants shall be substantially redressed in case applicants are granted liberty to file bail application(s) before the Court concerned, which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021".
4. Learned A.G.A. has no objection in case suitable directions are issued to the Court concerned to consider and decide the appellants application for bail in view of the law laid down by the Apex Court in the case of Satender Kumar Antil (supra).
5. In view of the above, prayer for quashing the impugned order is refused. So far as other prayer is concerned, it is provided that in case the appellants appear before the trial Court within two weeks from today and apply for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
6. The application is accordingly disposed of. Order Date :- 8.5.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench