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2025 DAILYLAW 90428 (ALL)

JOKHAN DUBEY AND ANOTHER v. STATE OF U.P. AND ANOTHER

CRLA/8467/2024 · 2025-09-22

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8467 of 2024 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. Heard learned counsel for the appellants, learned A.G.A. for the State, learned counsel for O.P. No. 2 and perused the record. This application has been filed to stay the effect and operation of the summoning order dated 03.07.2024 passed by Special Judge (SC/ST Act) Varanasi in Complaint Case No. 378 of 2023 Sheela Devi Vs. Jokhan Dubey, under sections 323, 504, 506 IPC and section 3(1)(Da), 3(1)(Dha) SC/ST Act, P.S. Phoolpur, District Varanasi. On perusal of the record, the Court finds that the allegations made in the complaint disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the court has taken the cognizance and summoned the applicants..Therefore, prayer for quashing the summoning order stand refused. At this stage, in case appellants appear before the court below within 30 days from today and apply for bail, the same shall be heard and disposed of in accordance with law in the light of Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 28.07.2021) has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex court. With the aforesaid observations, the application is disposed off. September 23, 2025 RPD Versus Counsel for Appellant(s) : Ankit Kapoor Counsel for Respondent(s) : G.A., Shubham Singh (Shekhar Kumar Yadav,J.) Jokhan Dubey And Another .....Appellant(s) State of U.P. and Another .....Respondent(s) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad