Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 108 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J.
1. Heard learned counsel for the appellant, learned A.G.A for the State as also perused the record.
2. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the impugned cognizance/summoning order dated 26.10.2023 as well as charge sheet dated 05.05.2023 in Session Case No.2177 of 2023 arising out of Case Crime No.43 of 2023, under Sections 504, 506, 353 IPC and 3(1)(r), 3(1)(s) SC/ST Act, Police Station Bhilour, Distsrict Kanpur Nagar.
3. Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case just to pressurize and harass the appellant, in fact, no such incident has taken place. The applicant has never committed any offence as alleged against him. Further submission is that no offence against the appellant is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the appellant. He also pointed out certain documents in support of his contention.
4. Considering the facts and circumstances of the case, the prayer to set aside the impugned summoning order as mentioned above is hereby refused.
5. At this stage, learned counsel for the appellant submitted that directions may be given to the court below to consider the bail application of the appellant in accordance with law.
6. Considering the facts and circumstances of the case, the present appeal is disposed of with the direction that in case the appellant filed bail application Versus Counsel for Appellant(s) : Virendra Pratap Pal Counsel for Respondent(s) : G.A., Jai Raj Singh Tomar, Kavita Tomar Prabhakar Awasthi .....Appellant(s) State Of Up Others .....Respondent(s)
before the court below, the same shall be heard and disposed of expeditiously in accordance with law.
7. With the above observations, this appeal is disposed of finally. October 15, 2025 Ajeet CRLA No. 108 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad