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2025 DAILYLAW 175430 (ALL)

BHEEMSEN KORI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.

BAIL/10192/2025 · 2025-11-10

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10192 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Anil Kumar Verma, Advocate on behalf of the complainant is takenn on record. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant. The accused-applicant seeks bail in Case Crime No.87 of 2025 under Sections 109(1), 115(2), 351(3), 352, 324(2) BNS, Police Station Haidarganj, District Ayodhya. Learned counsel for the complainant has raised a preliminary objection regarding the maintainability of the present bail application and has submitted that the same is not maintainable as it has already been rejected by the Special Court constituted under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Perused the record. On due consideration of Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, which mandates that an appeal shall lie from any order passed by a Special Court to the High Court, both on facts and on law, it is evident that the Versus Counsel for Applicant(s) : Rama Niwas Pathak Counsel for Opposite Party(s): G.A., Anil Kumar Verma, Chandan Srivastava Bheemsen Kori .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is not maintainable. In view of the aforesaid statutory provision, this Court is of the considered opinion that the appropriate remedy available to the applicant is to file an appeal under Section 14-A of the SC/ST Act before the High Court. Accordingly, the present bail application is dismissed as not maintainable. Liberty is, however, granted to the applicant to avail the statutory remedy as provided under the law. Office is directed to return the certified copies attached with this application to the learned counsel for the applicant. November 10, 2025 Madhu D.R/P.S BAIL No. 10192 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench