BHULAN KHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND ANOTHER
CRLA/2939/2025 · 2025-09-16
Shree Prakash Singh
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 164564 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164564 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2939 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record.
2. Instant appeal has been filed with the following relief:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be pleased to allow the appeal and set aside THE IMPUGNED SUMMONING ORDER DATED 06.12.2022 PASSED BY LEARNED ADDITIONAL SESSIONS JUDGE SPECIAL JUDGE (SC/ST ACT), BAHARAICH IN SESSIONS TRIAL NO. 1106/2022 (STATE VERSUS BHULAN KHAN & OTHERS) ARISING OUT OF CASE CRIME NO.
833/2019, UNDER SECTIONS: 323, 504 & 506 I.P.C. & SECTION 3(1)DA OF SCHEDULE CASTES & SCHEDULE TRIBES (PREVENTION OF ATROCITIES) ACT, POLICE STATION: KOTWALI NANPARA. DISTRICT: BAHARAICH INCLUDING THE ENTIRE CONSEQUENCIAL PROCEEDINGS THEREOF QUA THE APPELLANTS, in the interest of justice."
3. Learned counsel for the appellants submits that the appellants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the appellants were not involved in committing the alleged offence as has been mentioned in the first information report. Versus Counsel for Appellant(s) : Afzal Hasan, Mohammad Shamim Counsel for Respondent(s) : G.A. Bhulan Khan And Another .....Appellant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another .....Respondent(s)
4. At this stage, learned counsel for the appellants submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.
5. Learned A.G.A. has no objection to the prayer made by learned counsel for the appellants.
6. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the appellants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).
7. The application is disposed off accordingly. September 16, 2025 Mohd. Sharif CRLA No. 2939 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench