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Santosh Patel And 4 Others v. State Of U.p. And Another

Santosh Patel And 4 Others v. State Of U.p. And Another

(High Court Of Judicature At Allahabad)

CRIMINAL APPEAL No. - 6443 of 2022 | 16-09-2022

Neeraj Tiwari, J.

1. Sri Sanjay Srivastava & Sri Ajay Kumar Srivastava, Advocates have put in appearance and filed Vakalatnama on behalf of respondent No. 2, which is taken on record.

2. Heard learned counsel for the parties.

3. By means of the present criminal appeal, the appellant is assailing the legality and validity of the order dated 17.01.2022 passed by the Special Judge, SC/ST Act, Varanasi in Session Trial No. 70 of 2022, under sections - 147, 323, 504, 506 IPC and Section 3(1)(r), 3(1)(s), 3(2)(Va) of SC/ST Act, P.S.- Kapsethi, District - Varanasi.

4. After arguing the case for quite some time at length and pitted against certain observations made by the Court, learned counsel for the applicant himself has given up to address the Court on merits of the case and prayed, that the purpose of his client would suffice, if a direction may be given to the courts below to decide his bail application within specific time frame.

5. Considering the entire facts and circumstances of the case and the arguments advanced, this Court is of the opinion that since learned counsel for the applicant has already given up that he does not want to press the case on merit, in the fitness of circumstances, this appeal stands disposed of with the direction that the court below shall decide the bail application in light of law laid down by the Apex Court in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773 [LQ/SC/2021/3291 ;] ">(2021) 10 SCC 773 [LQ/SC/2021/3291 ;] [LQ/SC/2021/3291 ;] ">(2021) 10 SCC 773 [LQ/SC/2021/3291 ;] ">(2021) 10 SCC 773 [LQ/SC/2021/3291 ;] [LQ/SC/2021/3291 ;] [LQ/SC/2021/3291 ;] after the appellant surrenders within 30 days before the court below. If any bail application is filed, the same shall be adjudicated and decided by the courts below with speaking and reasoned order, strictly in accordance law laid down by the Apex Court in the case of Satendra Kumar Antil (supra).

6. For the period of 30 days from today or filing of bail application, whichever is earlier, no coercive action shall be taken against the appellant in the aforementioned case.

Advocate List

  • Indresh Narain Pandey,Sanjay Kumar Dwivedi

  • G.A.

Bench
  • Hon'ble Justice Neeraj Tiwari
Eq Citations
  • LQ
  • LQ/AllHC/2022/16817
Head Note

Criminal Procedure Code, 1973 — S. 378 — Appeal against order framing charge — Appeal not pressed on merits — Disposal of — Appellant surrendering before court below within 30 days — Court below directed to decide bail application in light of law laid down in Satendra Kumar Antil, (2021) 10 SCC 773 — Constitution of India — Art. 136 — Exercise of power under