MR. SHESHMANI NISHAD AND ANOTHER v. STATE OF U.P. THRU. INVESTIGATING OFFICER AND CIRCLE OFFICER BHITI, AMBEDKAR NAGAR AND ANOTHER
CRLA/451/2023 · 2025-01-29
Om Prakash Shukla
Criminal Appealbody2025
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[ 2025 DAILYLAW 123089 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123089 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6123 Court No. - 30 Case :- CRIMINAL APPEAL No. - 451 of 2023 Appellant :- Mr. Sheshmani Nishad And Another Respondent :- State Of U.P. Thru. Investigating Officer And Circle Officer Bhiti, Ambedkar Nagar And Another Counsel for Appellant :- Manoj Kumar Nishad Counsel for Respondent :- G.A. Hon'ble Om Prakash Shukla,J. Heard learned counsel for appellants as well as learned Additional Government Advocate for State. The present appeal has been filed to quash the impugned summoning order dated 18.11.2022 passed in Sessions Trial No. 542/2022 arising out of Case Crime No. 33 of 2022, under Sections 323,504,506 I.P.C. and Sections 3(1)(da), 3(1)(dha) of SC/ST Act, Police Station Bhiti, District Ambedkar Nagar as well as the charge-sheet filed in pursuance thereof.
Learned counsel for the appellants, after arguing for some time, submits that present appeal may be dismissed as not pressed with liberty to move a bail application which may be decided in view of law laid down by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. It is also prayed that the appellants may be given liberty to move an application for discharge through their counsel before the trial court and the same may be decided by the learned trial court in a time bound manner, to which learned A.G.A. has no objection. In view of the above, the instant appeal is dismissed as not pressed. However, 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 Hon'ble the Supreme Court of India in the case of Satender Kumar Antil's case (supra). Further, in case, the appellants move an appropriate application for discharge through their counsel before the concerned trial court within a period of fifteen days from today, the same shall be considered and decided expeditiously, preferably within a period of two months in accordance with law, by the concerned trial court.
Order Date :- 29.1.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench