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2026 DAILYLAW 1488 (ALL)

SIPAHI SINGH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

CRLA/245/2026 · 2026-05-06

Tej Pratap Tiwari

Criminal Appealbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 245 of 2026 Court No. - 92 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard learned counsel for the appellants, the learned A.G.A. for the State of U.P. and perused the records. 2. The instant criminal appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 by the appellants to quash the impugned charge sheet dated 05.04.2024 along with summoning order dated 30.06.2025 passed by Special Judge (S.C./S.T. Act), Kushinagar at Padrauna, in Special Sessions Trial No. 802 of 2025 (State vs. Sipahi Singh and others) arising out of Case Crime No. 483 of 2023, under Sections 147, 323, 504, 506, 452, 427, 354-B I.P.C. and Section 3(1)(Da), 3(1)(Dha), 3(1)(w)(i) of S.C./S.T. Act, Police Station Tarya Sujan, District Kushinagar. 3. At the very outset, learned counsel for the appellants submits that he does not wish to press the appeal on merits; rather, he seeks liberty to file an appropriate application before the concerned trial court and a direction to the learned trial court to decide the bail application of the appellants in light of the judgment of the Hon'ble Supreme Court in Satender Kumar Antil vs. CBI, (2022) 10 SCC 51. 4. Learned A.G.A. for the State does not oppose the submissions made by learned counsel for the appellants. 5. In light of the law laid down by the Hon'ble Supreme Court regarding the grant of bail to an accused, the appellants are granted liberty to file a bail application before the concerned trial court within three weeks from today, along with a certified copy of this order. If such an application is Versus Counsel for Appellant(s) : Dharmendra Kumar Counsel for Respondent(s) : G.A., Om Prakash Singh Sipahi Singh And 4 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) filed within the said period, the concerned trial court shall pass an order on the same in accordance with law. For a period of three weeks, or till the filing of the bail application, whichever is earlier, no coercive action shall be taken against the appellants in the aforesaid case. 6. With the aforesaid observations, the present criminal appeal is disposed of. May 7, 2026 Manoj CRLA No. 245 of 2026 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad