Allahabad High Court
SIPAHI SINGH AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- TEJ PRATAP TIWARI
Holding
The appeal was disposed of, granting the appellants liberty to file a bail application within three weeks and staying any coercive action during that period.
Summary
The appellants, charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several IPC offences, filed a criminal appeal under Section 14A(1) of the SC/ST Act seeking to quash the charge sheet and summons. Their counsel did not contest the merits but requested liberty to file a bail application before the trial court, invoking the Supreme Court’s decision in Satender Kumar Antil v. CBI. The State’s Additional Government Advocate did not oppose this request. The High Court, applying the Supreme Court’s bail jurisprudence, granted the appellants a three‑week window to file a bail application and ordered that no coercive action be taken against them during that period. The appeal was consequently disposed of.
Issues considered
- Whether the appellate court can grant liberty to the accused to file a bail application and stay coercive action pending such application in a case under the SC/ST Act.
Legislation cited
- Indian Penal Code — s. 147, 323, 354-B, 427, 452, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(1), 3(1)(Da), 3(1)(Dha), 3(1)(w)(i)
Subjects
- bail
- SC/ST Act
- criminal appeal
- charge sheet
- coercive action
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 245 of 2026
Sipahi Singh And 4 Others
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Dharmendra Kumar
Counsel for Respondent(s) : G.A., Om Prakash Singh
Court No. - 92
HON'BLE TEJ PRATAP TIWARI, J.
1. Heard learned counsel for the appellants, the learned A.G.A. for the
State of U.P. and perused the records.
2. The instant criminal appeal under Section 14A(1) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 by the
appellants to quash the impugned charge sheet dated 05.04.2024 along
with summoning order dated 30.06.2025 passed by Special Judge
(S.C./S.T. Act), Kushinagar at Padrauna, in Special Sessions Trial No.
802 of 2025 (State vs. Sipahi Singh and others) arising out of Case Crime
No. 483 of 2023, under Sections 147, 323, 504, 506, 452, 427, 354-B
I.P.C. and Section 3(1)(Da), 3(1)(Dha), 3(1)(w)(i) of S.C./S.T. Act, Police
Station Tarya Sujan, District Kushinagar.
3. At the very outset, learned counsel for the appellants submits that he
does not wish to press the appeal on merits; 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 of the appellants in
light of the judgment of the Hon'ble Supreme Court in Satender Kumar
Antil vs. CBI, (2022) 10 SCC 51.
4. Learned A.G.A. for the State does not oppose the submissions made by
learned counsel for the appellants.
5. In light of the law laid down by the Hon'ble Supreme Court regarding
the grant of bail to an accused, the appellants are granted liberty to file a
bail application before the concerned trial court within three weeks from
today, along with a certified copy of this order. If such an application is
CRLA No. 245 of 2026
2
filed within the said period, the concerned trial court shall pass an order
on the same in accordance with law. For a period of three weeks, or till
the filing of the bail application, whichever is earlier, no coercive action
shall be taken against the appellants in the aforesaid case.
6. With the aforesaid observations, the present criminal appeal is
disposed of.
(Tej Pratap Tiwari,J.)
May 7, 2026
Manoj
Digitally signed by :-
MANOJ KUMAR YADAV
High Court of Judicature at Allahabad
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