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2025 DAILYLAW 189846 (ALL)

SHYAM KUMAR RATHOUR @ SHYAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/3958/2025 · 2025-12-08

Ram Manohar Narayan Mishra

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 3958 of 2025 Court No. - 27 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. Heard learned counsel for the appellant and learned A.G.A. for the State. Criminal Appeal Under Section 14A (1) Of SC/ST Act, Against The Judgment and Order Dated 02.11.2023, Passed By Special Judge (SC/ST Act), Lucknow, In Criminal Misc. Case No. 3211/2023, 'State Vs. Shyam Kumar Rathour @ Shyam, by means of which summoning the Appellant under Sections 323, 427, 452, 504 of I.P.C. and 3(1)Da, 3(1)Dha, 3(2)(va) of SC/ST Act, in an illegal and arbitrary manner. Learned counsel for the appellant submits that in the present appeal cognizance taken and summoning order has been assailed. He further submits that the appellant has not been arrested during investigation. 3. Learned counsel for the appellant , at this stage, has confined his prayer to the extent that the appellants may be permitted to appear before the court below for prayer of bail, 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. 4. Learned AGA has no objection to the prayer made by learned counsel for the appellants. 5. In view of above prayer, the appeal is finally disposed off. The Versus Counsel for Appellant(s) : Vimal Kishor Singh, Premkant Counsel for Respondent(s) : G.A. Shyam Kumar Rathour @ Shyam .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Respondent(s) appellant is directed to appear before the court below within a period of 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). 6. For a period of one month from today, no coercive process shall be adopted against the appellant by the court below. December 8, 2025 dk/ CRLA No. 3958 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench