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Supreme Court - Daily Orders

Rajni Singh vs The State Of Uttar Pradesh on 3 January, 2022

Bench: Sanjay Kishan Kaul, M.M. Sundresh

     ITEM NO.18                  Court 6 (Video Conferencing)              SECTION II

                                 S U P R E M E C O U R T O F     I N D I A
                                         RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                   No(s).   10456/2019

     (Arising out of impugned final judgment and order dated 25-09-2019
     in CRMBA No. 39678/2019 passed by the High Court Of Judicature At
     Allahabad)

     RAJNI SINGH                                                         Petitioner(s)

                                                   VERSUS

     THE STATE OF UTTAR PRADESH & ANR.                                   Respondent(s)

     (BAILABLE WARRANTS IN RESPECT OF RESPONDENT NO. 2 ISSUED IN
     SLP(CRL.)NOS. 10456 OF 2019 AND 10457 OF 2019 )

     WITH
     SLP(Crl) No. 10457/2019 (II)

     SLP(Crl) No. 7551/2021 (II)
     (FOR ADMISSION and I.R. and IA No.127367/2021-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.127368/2021-EXEMPTION FROM
     FILING O.T. and IA No.127370/2021-EXEMPTION FROM FILING AFFIDAVIT)

     Date : 03-01-2022 These petitions were called on for hearing today.

     CORAM :
                           HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                           HON'BLE MR. JUSTICE M.M. SUNDRESH


     For Petitioner(s)               Mr.   Sanjay R Hegde, Sr. Adv.
                                     Mr.   Pranjal Kishore, Adv.
                                     Mr.   Raghav Gupta, Adv.
                                     Mr.   M.P. Vinod, AOR

                                     Mr. Rohit Amit Sthalekar, AOR

     For Respondent(s)               Mr. Ajay Kumar Misra, Sr. Adv./AAG
                                     Mr. Sarvesh Singh Baghel, AOR
                                     Mr. Ajay Kumar Prajapati, Adv.

                                     Mr.   Pashupathi Nath Razdan, AOR
                                     Mr.   Mirza Kayesh Begg, Adv.
Signature Not Verified
                                     Mr.   Astik Gupta, Adv.
Digitally signed by
Charanjeet kaur
Date: 2022.01.03
                                     Ms.   Sneh Bairwa, Adv.
17:40:05 IST
Reason:

                         UPON hearing the counsel the Court made the following
                                               O R D E R

We have heard learned counsel for the parties at some length. It appears that even the charges have not been framed and there is thus no question of even examining the independent witnesses. At this stage, while one of the accused Lokendra (petitioner in SLP(Crl.) No. 7551/2021) is in custody, other accused who has been enlarged on bail is Yogeshraj (respondent Ns. 2 in SLP(Crl.) 10456/2019 and 10457/2019, filed by the wife of the deceased police officer).

The matter is quite serious where under the pretext of the cow slaughter, a police officer has been lynched. Prima facie, it is a case of people taking law into their own hand.

We are of the view that Yogeshraj should be asked to surrender within a period of seven days from today and thus to that extent, the impugned orders granting him bail are stayed. We call for a report from the trial Court, Bulandshahr as to how much time do they need to frame the charges and to record the testimonies of the independent witnesses. List after three weeks.

[CHARANJEET KAUR]                                      [POONAM VAID]
ASTT. REGISTRAR-cum-PS                            COURT MASTER (NSH)