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Siraj Ali @ Siraj & Ors v. State Of U.p. & Anr

Siraj Ali @ Siraj & Ors v. State Of U.p. & Anr

(High Court Of Judicature At Allahabad, Lucknow Bench)

U/S 482/378/407 No. - 4983 of 2021 | 02-12-2021

Mrs. Sangeeta Chandra,J.

1. Heard learned counsel for the petitioners and learned AGA for the State.

2. This petition has been filed with the following main prayer:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quashed entire proceedings of Special Session Trail No. 326 /2019 ,State versus Siraj Ali and others as well as Charge Sheet No. 12/2019 dated 18.02.2019 arising out of F.LR/Case Crime no. 0420 of 2018, Under Section 323,504,506, IP.C & 3(1)Da,Dha of S.C /S.T Act registered in police station -Phardhan District - Lakhimpur - Kheri pending in the Court of Second Additional Session judge/Special Session Judge S.C/S.T Act, Lakhimpur- Kheri"

3. It has been submitted by the learned counsel for the petitioners that the petitioners have been falsely implicated in the FIR was lodged by the opposite party no.2 on 26.12.2018. The Investigating Officer has not conducted a fair investigation and submitted a charge sheet on 18.02.2019, thereafter, on which cognizance has been taken up by learned trial court and issued summons without application of mind on 23.07.2019.

4. After hearing the counsel for the petitioners and perusing the pleadings on record this Court is not convinced enough to grant the prayer as made by the learned counsel for the petitioners in this petition.

5. At this stage, learned counsel for the petitioners prays for a direction to the learned trial court to consider and decide the bail application of the petitioners expeditiously.

6. Learned counsel for the petitioners has also placed reliance upon the judgment rendered by the Hon'ble Supreme Court in the case of "Satender Kumar Antil Vs. Central Bureau of Investigation and another"; decided on 07.10.2021 in S.L.P. No.5191 of 2021 has laid down the guidelines after categorizing the offences under Category 'A', 'B', 'C' & 'D'.

7. Accordingly, this petition is disposed of with a direction to the petitioners to move appropriate bail application within two weeks from today. If the same is moved, the learned trial court shall consider the same in the light of the guidelines issued in the case of Satender Kumar Antil (Supra) and pass appropriate order, thereon, as expeditiously as possible.

Advocate List

  • Shailesh Kumar Singh

  • G.A.

Bench
  • Hon'ble Mrs. Justice Sangeeta Chandra
Eq Citations
  • LQ/AllHC/2021/13494
Head Note

Constitution of India — Arts. 21 and 14 — Cancellation of bail — Delayed bail application — Cancellation of bail granted to petitioners in SC/ST Act case — Prayer for quashing of entire proceedings — Dismissed — However, petitioners directed to move appropriate bail application within two weeks from date of order — Trial court directed to consider the same in light of guidelines issued in Satender Kumar Antil, (2022) 1 SCC 159