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2025 DAILYLAW 124483 (ALL)

RAM SINGH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

CRLA/610/2025 · 2025-02-20

Subhash Chandra Sharma

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11187 Court No. - 14 Case :- CRIMINAL APPEAL No. - 610 of 2025 Appellant :- Ram Singh And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Appellant :- Shiv Kumar Yadav,Mata Prasad Chaturvedi 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 set aside the Chargesheet No. 191397 (17/2014), dated 04.06.2014 filed against the appellants in Case Crime No. 412 of 2014, under Sections 147, 148, 149, 452, 323, 504, 506 I.P.C. and 3(1)(X) of S.C./S.T. Act, Police Station Kotwali Nagar, District Pratapgarh as well as Summoning Order dated 16.08.2014 issued in Criminal Case No. 1258 of 2014 "State Vs. Ram Singh and others" arising out of Case Crime No. 412 of 2014, under Sections 147, 148, 149, 452, 323, 504, 506 I.P.C. and 3(1)(X) of S.C./S.T. Act, Police Station Kotwali Nagar, District Pratapgarh and also pray to stay the further proceedings in the aforesaid case. 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 cognizance of offence was taken by the learned trial court and summoning order was passed and N.B.W. has been issued by the learned trial court. 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