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2025 DAILYLAW 132945 (ALL)

TABREJ KHAN AND 5 OTHERS v. STATE OF U.P. THRU. SECY. MINISTRY OF HOME AFFAIRS LKO AND ANOTHER

CRLA/1083/2025 · 2025-04-15

Alok Mathur

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21003 Court No. - 12 Case :- CRIMINAL APPEAL No. - 1083 of 2025 Appellant :- Tabrej Khan And 5 Others Respondent :- State Of U.P. Thru. Secy. Ministry Of Home Affairs Lko And Another Counsel for Appellant :- Ramesh Chandra Pathak,Mohit Pathak Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Ramesh Chandra Pathak, learned counsel for appellants as well as learned Additional Government Advocate for State. Sri Ajay Kumar Shukla, Advocate has filed vakalatnama on behalf of opposite party no. 2, same is taken on record. Supplementary affidavit filed today is taken on record. 2. The present criminal appeal under Section 14A(1) of the SC/ST Act has been filed for quashing the charge sheet No. 1, dated 09.06.2024, submitted in Case Crime No. 0092 of 2024, under Sections 147, 323, 504, 506 IPC and Section 3(1)(Da) and 3(1)(Dha) of SC/ST Act, Police Station - Talkatora, District - Lucknow pending in the Court of Special Judge (SC/ST Act), Lucknow. 3. Learned counsel for appellants, after arguing the matter at some length, submits that grievance of appellants shall be substantially redressed in case appellants 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. as well as learned counsel for opposite party no. 2 have no objection in case suitable directions are issued to the Court concerned to consider and decide the appellants application(s) 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 charge sheet 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. It is further provided that appellants are also permitted to move discharge application(s) through counsel within four weeks' from today and in case any such application(s) is/are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order. 7. Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the appellants in the aforesaid case. 8. In case of failure on the part of appellants in moving the bail/discharge application(s) within the aforesaid period, they will not be entitled to the benefit of this order. 9. The appela is accordingly disposed of. Order Date :- 15.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench