UMA KANT @ UMAKANT TIWARI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/3960/2025 · 2025-12-09
Ram Manohar Narayan Mishra
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 189032 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189032 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 3960 of 2025 Court No. - 27 HON'BLE RAM MANOHAR NARAYAN MISHRA, J.
1. The instant criminal appeal under Section 14-A(1) of Scheduled Castes and Scheduled Tribes ( prevention of Atrocities) Act has been preferred against the summoning order dated 29.08.2025 passed by learned Additional Sessions Judge/ Special Jude, S.C./S.T. Act, Gonda in S.T. No. 1175 of 2025 whereby the appellants have prayed for quashing of the charge-sheet dated 17.07.2025 arising out of case Crime No. 179 of 2025 under Sections 115(2), 352, 351(2) BNS Section 3(2) 5-A, 3(1)(Dha) SC/ST Act, Police Station Nawabganj District Gonda. 2. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record. 3. Learned counsel for the appellants submits that the appellants have been falsely implicated due to land dispute between the informant and her family members and the appellants. The informant raised a thatched 'Chapper' on disputed land in unauthorized manner and has filed civil suit also to protect her unauthorized possession. According to the prosecution version, the incident occurred in the night in front of the house of the informant. No public witness have been named in the FIR. He further submits that the appellant were not arrested during investigation. 4. Learned counsel for the appellants, at this stage, has confined his Versus Counsel for Appellant(s) : Anil Kumar Tiwari, Satyam Tiwari, Ujjawal Tewari Counsel for Respondent(s) : G.A. Uma Kant @ Umakant Tiwari And 2 Others .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Respondent(s)
prayer to the extent that the appellants may be permitted to appear before the court below for prayer of bail. The offenses are punishable with a maximum term of 7 years of imprisonment, therefore, a necessary direction may kindly be issued to the court below to consider the bail application of the appellants in terms of guidelines issued by Hon'ble Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another (2022) 10 SCC 51. 5. Learned AGA has no objection to the prayer made by learned counsel for the appellants. 6. In view of above prayer, the appeal is finally disposed of.
The appellants are directed to appear before the court below within one month from today and move an application for bail which shall be heard and disposed of in terms of guidelines issued by Hon'ble Supreme in Satender Kumar Antil (Supra). 7. For a period of one month from today, no coercive process shall be adopted against the appellants by the court below. 8. The appellants are at liberty to move an application for discharge before the trial court in whch they may take all the pleas which are taken in the present appeal and if such an application is filed, the same shall be heard and decided by speaking order in accordance with law. December 9, 2025 dk/ CRLA No. 3960 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench