Allahabad High Court
HARINDRA CHAUHANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The High Court granted the appellant liberty to file a bail application within three weeks and ordered a stay on coercive action, thereby disposing of the appeal.
Summary
The appellant, Harindra Chauhan, filed a criminal appeal under Section 14A‑1 of the SC/ST (Prevention of Atrocities) Act, 1989, challenging the charge‑sheet and cognizance order in a case involving multiple IPC offences. The appellant did not contest the merits but sought liberty to file a bail application before the Special Judge and a direction that the trial court decide the bail within a stipulated period. The State did not oppose this request. Relying on Supreme Court precedents on bail, the High Court granted the appellant permission to file a bail application within three weeks and ordered that no coercive action be taken against him during that period. The trial court was directed to decide the bail application in accordance with law. The appeal was subsequently disposed of.
Issues considered
- What relief, if any, can a High Court grant to an appellant seeking liberty to file a bail application in a pending SC/ST Act case?
Legislation cited
- Indian Penal Code — s. 323, 419, 420, 467, 468, 471, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A-1, 3(2)(5)
Subjects
- bail
- SC/ST Act
- criminal appeal
- coercive action
- charge sheet
- appellate jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 1718 of 2025
Harindra Chauhan
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Ajeet Singh, Anil Kumar Yadav
Counsel for Respondent(s) : G.A., Rahul Saxena, Sunita Chauhan
Court No. - 51
HON'BLE MADAN PAL SINGH, J.
1. Heard learned counsel for the parties and perused the record.
2. By means of the present criminal appeal under Section 14A-1 of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989, the appellant is assailing the legality and validity of the impugned
charge-sheet dated 07.12.2024 and cognizance order dated 27.01.2025
passed by the Special Judge, SC/ST Act, Mau in Sessions Trial No. 81 of
2025, arising out of Case Crime No. 0161 of 2024 (State of U.P. Vs.
Kamlesh Chauhan and Ors.), u/s 419, 420, 323, 504, 506, 467, 468, 471 IPC
and under Section 3(2)(5) of SC/ST Act.
3. At the very outset, learned counsel for the appellant has submitted that he
does not wish to press the merits of the case, rather he seeks liberty to file an
appropriate application before the concerned trial court and a direction to the
learned trial court to decide the bail application within stipulated period of
time.
4. Learned AGA for the State has not opposed the submissions made by
learned counsel for the appellant.
5. In light of the law laid down by the Hon'ble Supreme Court regarding
grant of bail to an accused, the appellant is granted liberty to file bail
application before the concerned trial court within three weeks from today
along with certified copy of this order. If such an application is filed within
the said period, the concerned trial court shall pass an order on the said
application in accordance with law.
6. For a period of three weeks or till the filing of bail application,
whichever is earlier, no coercive action shall be taken against the appellant
in the aforesaid case.
CRLA No. 1718 of 2025
2
7. With the aforesaid observation, the present criminal appeal is disposed of.
May 5, 2026
Akbar
(Madan Pal Singh,J.)
Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad
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