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Neutral Citation No. - 2025:AHC:145577 Court No. - 83 Case :- CRIMINAL APPEAL No. - 7158 of 2025 Appellant :- Raju Respondent :- State of U.P. and Another Counsel for Appellant :- Mukesh Joshi Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J.
1. Heard Mr. Mukesh Joshi, learned counsel for the appellant and learned A.G.A for the State as also perused the record.
2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to allow the present appeal and set aside the impugned order dated 26.11.2024 passed by learned Special Judge (SC/ST) (P.A.) Act Moradabad, in Special Session Trial No. 95 of 2023 (State Vs. Raju), arising out of Case Crime No. 466 of 2022, under Sections 504, 506 IPC and Section 3(1) da, 3 (1) dha, 3(2) (va) SC/ST Act, Police Station- Majhola, District- Moradabad.
3. The contention of learned counsel for the appellant is that no offence against the appellant is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment.
4. Learned counsel for appellant after arguing at some length submits that sections involved against the appellant are punishable with maximum sentence of not more than seven years, therefore, liberty may be granted for filing regular bail application which may be considered in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.
5. Learned AGA does not have any objection to the prayer made.
6. In view of aforesaid, liberty is granted to the appellant to
file regular bail application before the court concerned which may be considered and decided in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).
7. With the above directions, this Criminal Appeal is
disposed of finally.
Order Date :- 23.8.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad