Allahabad High Court
RAJ KUMAR @ RAJU KAUSHIKversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The appeal is dismissed for want of prosecution due to the appellant's failure to appear or be represented.
Summary
The appellant, Raj Kumar, filed a criminal appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 seeking to set aside a bail order dated 26‑11‑2025 passed by the Special Judge, Hathras. The appeal arose from a case involving multiple offences under the SC/ST Act and the Arms Act. The appellant's counsel, Sadaqat Ullah Khan, did not appear before the High Court to press the bail application. The State and the second opposite party were represented by their counsel. In the absence of any representation for the appellant, the Court dismissed the appeal for want of prosecution.
Issues considered
- Whether a criminal appeal under the SC/ST Act can proceed in the absence of representation by the appellant's counsel.
Legislation cited
- Arms Act — s. 25, 4
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 103(1), 115(2), 14-A(2), 3(1)(Da), 3(1)(Dha), 3(2)(V), 333, 351(2), 352
Subjects
- bail
- SC/ST Act
- procedural dismissal
- want of prosecution
- criminal appeal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 1381 of 2026
Raj Kumar @ Raju Kaushik
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Sadaqat Ullah Khan
Counsel for Respondent(s) : G.A., Vinay Singh Rajput, Vinod Kumar
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. No one appears on behalf of the appellant to press this application for bail
in the present appeal. Sri Vinay Singh Rajput, learned counsel for the opposite
party no.2 and Sri Ram Prakash Shukla, learned counsel for the State are
present.
3. This criminal appeal under Section 14-A(2) of SC/ST (Prevention of
Atrocities) Act, 1989 has been filed by the appellant- Raj Kumar @ Raj
Kaushik, with the prayer to allow the appeal by setting aside the impugned
order dated 26.11.2025 passed by the Special Judge (SC/ST Act), Hathras in
Bail Application No. 1559 of 2025 (Raj Kumar @ Raj Kaushik Vs. State of U.P.
and another), arising out of Case Crime No. 204 of 2025, under Sections
103(1), 115(2), 333, 351(2), 352 B.N.S. and Section 3 (2) (V), 3(1)(Da),
3(1)(Dha) of SC/ST Act and Section 4/25 Arms Act, Police Station Chandapa,
District Hathras.
4. Counter affidavit on behalf of the opposite party no.2 and rejoinder affidavit
are on record.
5. Since there is no representation from the side of the appellant, the present
appeal is dismissed for want of prosecution.
May 7, 2026
AS Rathore
(Samit Gopal,J.)
Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad
Checking your session…