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Allahabad High Court

PREMCHAND MAURYAversusSTATE OF U.P THROUGH ITS PRINCIPAL SECRETARY (HOME) AND ANOTHER

Decided

Holding

The appeal is dismissed as infructuous.

Summary

Premchand Maurya appealed to the Allahabad High Court under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989, seeking to set aside an anticipatory bail rejection dated 15‑02‑2025 issued by the Exclusive Special Judge, Pilibhit, in a case involving offences under Sections 323/34, 376D, 506 IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v) of the SC/ST Act. The appellant argued that the appeal should be dismissed as infructuous. The court noted that notice to the second opposite party had been served but no appearance was made. After considering the submissions, the bench held that the appeal was indeed infructuous and dismissed it, granting the appellant's prayer to dismiss the appeal.

Issues considered

  • Whether the appeal filed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act is maintainable or should be dismissed as infructuous

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • infructuous appeal
  • criminal appeal
  • high court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       CRIMINAL APPEAL No. - 2485 of 2025

                                    Premchand Maurya
                                                                                              .....Appellant(s)
                                                                      Versus

                                    State Of U.P Through Its Principal Secretary
                                    (Home) And Another                                      .....Respondent(s)

                                    Counsel for Appellant(s)       : Kuldeep Johri, Satendra Kumar Sharma
                                    Counsel for Respondent(s)      : G.A.

                                    Court No. - 75
                                                            HON'BLE SAMIT GOPAL, J.

                                    1. List revised.

                                    2. Heard Sri Soni Nirmal, Advocate holding brief of Sri Kuldeep Johri,
                                    learned counsel for the appellant and Sri Birendra Pratap Singh, learned
                                    counsel for the State/O.P. No.1 and perused the record.
                                    3. Notice issued to the opposite party no.2 vide order dated 25.03.2025
                                    has been served on complaint (in person) as per office report dated
                                    06.05.2026. Despite service of notice no one appears on behalf of
                                    opposite party no.2 even in the revised list.
                                    4. This criminal appeal under Section 14A(2) of SC/ST (Prevention of
                                    Atrocities) Act, 1989 has been filed by the appellant Premchand
                                    Maurya, with the prayer to allow the appeal by setting aside the
                                    impugned anticipatory bail rejection order dated 15.02.2025 passed by
                                    learned Exclusive Special Judge (SC/ST Act), Pilibhit, under Section
                                    323/34, 376D, 506 IPC and Section 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST Act,
                                    P.S. Barkhera, District Pilibhit arising out of Case Crime No. 77 of 2019,
                                    pending before the said court and with a further prayer to grant interim
                                    bail to the appellant in the aforesaid case.
                                    5. At the very outset, learned counsel for the appellant submits that the
                                    present appeal U/s 14A(2) of SC/ST (Prevention of Atrocities) Act be
                                    dismissed as infructuous.
                                    6. Prayer is allowed.
                                    7. The appeal is dismissed as infructuous.


                                                                                             (Samit Gopal,J.)
                                    May 5, 2026
                                    M. ARIF




Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad


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