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2025 DAILYLAW 183391 (ALL)

MOHD. HAFEEJ AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO. AND ANOTHER

CRLA/3805/2025 · 2025-11-25

Ram Manohar Narayan Mishra

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 3805 of 2025 Court No. - 27 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. 2. Instant Criminal Appeal U/S-14(A)(1) of S.C./S.T. (P.A.) Act has been preferred against the impugned summoning order dated 15.12.2023 passed by the learned Special Judge S.C/ST Act, Lucknow in Session Case No.3620/2023 and the impugned charge sheet dated 29.11.2021 arising out in Case Crime No.564/2021, under Sections 354, 323, 504, 506 I.P.C. Now new under Section 74, 115(2), 352 & 351(2)/(3) B.N.S. & 3(1)Da, Dha S.C./S.T. Act, Police Station - P.G.I., District - Lucknow in case of State versus Mohd. Hafeej & others, whereby the learned court below concerned has summoned to the appellants. 3. Learned counsel for the appellants submits that the appellants were not arrested during investigation. The maximum term of imprisonment provided is 7 years. This case squarely comes within the purview of judgment of Hon'ble Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. Therefore, the prayer of the appellants at this stage is confined to issue directions to the court below to consider the bail application of the appellants in terms of guidelines issued by Hon'ble Supreme Court in the said case. 4. No objection has been raised by learned AGA regarding the prayer Versus Counsel for Appellant(s) : Matri Datt Tripathi, Shresth Agarwal Counsel for Respondent(s) : G.A. Mohd. Hafeej And 2 Others .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Another .....Respondent(s) made by learned counsel for the appellants. 5. In view of above prayer, the appeal is finally disposed off with the direction that if the appellants appear before the court below within a month, their bail application shall be considered and disposed of by learned court below in terms of guidelines issued by Hon'ble Supreme in Satender Kumar Antil (Supra). 6. For a period of one month from today, no coercive process shall be issued against the appellants by the court below. November 25, 2025 KR CRLA No. 3805 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench