BHAGWATI PRASAD AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. CIVIL SECTT. HOME LKO. AND ANOTHER
CRLA/615/2025 · 2025-02-20
Subhash Chandra Sharma
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 124071 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124071 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11142 Court No. - 14 Case :- CRIMINAL APPEAL No. - 615 of 2025 Appellant :- Bhagwati Prasad And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Civil Sectt. Home Lko. And Another Counsel for Appellant :- Sanjeev Kumar Lodhi Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the appellants as well as learned A.G.A. and perused the material on record. This appeal has been filed with a prayer to allow this appeal and quash the entire proceeding in S.T. No. 1929 of 2023 arising out of Case Crime No. 380 of 2022 under Sections 323, 504 I.P.C. & 3(1)(da)(dha), 3(2)(Va) Scheduled Caste and Scheduled Tribes Act, Police Station Itaunja, District Lucknow. It is submitted by learned counsel for the appellants that the appellants are innocent and have been falsely implicated in the present case. No offence is made out from the allegations made against them. It is also submitted that since the offences said to have been committed are punishable with sentence less than 7 years. It is further submitted that appellants want to appear before the learned trial court, therefore, a direction be given to the learned trial court to make disposal of the bail application in light of the Satender Kumar Antil's case. Learned A.G.A. has no objection in this regard. On considering the facts and circumstances of the case, submissions made by
learned counsel for the appellants as well as learned A.G.A., perusal of record, it is expedient to direct the appellants to appear before the learned trial court within a period of 45 days and move bail application that shall be heard and decided as expeditiously as possible by the learned trial court in accordance with law as laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022. Accordingly, this appeal is disposed of finally. In the mean time, no coercive action shall be taken against the appellants.
Order Date :- 20.2.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench