Allahabad High Court
Ram Gopal Yadav vs State Of U.P. Through Secy. Home And Anr. on 11 September, 2020
Equivalent citations: AIRONLINE 2020 ALL 2072
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?In Chamber Case :- CRIMINAL APPEAL No. - 602 of 2020 Appellant :- Ram Gopal Yadav Respondent :- State Of U.P. Through Secy. Home And Anr. Counsel for Appellant :- Ashok Kumar Singh Tomar,Anil Kumar Pandey Counsel for Respondent :- G.A.,Anant Verma Hon'ble Manish Mathur,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material placed on record.
By means of present criminal appeal under Section 14(Ka) (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 the appellant has prayed for setting aside the order dated 7.1.2020, passed by the Special Judge (SC/ST Act), Lucknow in S.T. No. 402 of 2019, (State Vs. Ram Gopal Yadav) under Sections 323, 504, 506 IPC and Section 3 (1) (Da) (Dha) of SC/ST Act, Police Station Kakori, District Lucknow by which non bailable warrant has been issued against the appellant.
After arguing at some length, learned counsel for the appellant has confined his arguments only to the extent that the benefit of judgement rendered by the Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (4) SCC 437 may be extended to the appellant while deciding his bail application by the court below.
Considering the submission of learned counsel for the appellant, for which learned A.G.A. has no objection, the appeal is disposed of finally with a direction to the court concerned that if appellant (Ram Gopal Yadav) surrender before the court concerned within a period of four weeks from today and move an application for bail, the same shall be considered and decided keeping in view the directions given by the Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh (Supra).
For a period of four weeks or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the appellant.
Order Date :- 11.9.2020 prabhat