Allahabad High Court
ARVIND PANDEY @ GOLU AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The High Court granted the appellants liberty to surrender and file a bail application within 20 days and stayed any coercive action, disposing of the appeal without quashing the charge‑sheet.
Summary
The appellants, Arvind Pandey and another, filed a criminal appeal under Section 14A‑1 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, seeking to quash the charge‑sheet, cognizance order and the entire proceedings of a Special Sessions case. They 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 did not oppose this request. The High Court, relying on the Supreme Court’s bail jurisprudence, directed that the appellants may surrender and file a bail application within 20 days, and that no coercive action be taken against them during that period. The appeal was thereafter disposed of without further order on the substantive charges.
Issues considered
- What relief, if any, can a High Court grant to appellants seeking to file a bail application under the SC/ST Act in light of a Supreme Court precedent?
- Whether the appellate court can stay coercive action against the accused pending surrender and bail application.
Legislation cited
- Indian Penal Code — s. 110, 115(2), 351(3), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- bail
- Scheduled Castes and Scheduled Tribes Act
- criminal appeal
- quash charge-sheet
- Supreme Court precedent
- coercive action
- special sessions court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 4582 of 2026
Arvind Pandey @ Golu And Another
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Sanjay Dwivedi
Counsel for Respondent(s) : G.A.
Court No. - 51
HON'BLE MADAN PAL SINGH, J.
1. Heard learned counsel for appellants and learned AGA for the State-
respondent.
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 has prayed for quashing of the charge-sheet dated 1st
September, 2025, cognizance/summoning order dated 11th February, 2026 as
well as entire proceedings of Special Sessions Case No. 187 of 2026 (State of
U.P. Vs. Arvind Pandey & Another) arising out of Case Crime No. 223 of 2025
under Sections 115 (2), 110, 352, 351 (3) of B.N.S. and Sections 3 (1) (r), 3
(1) (s) and 3 (2) (va) of S.C./S.T. Act, Police Station-Vindhyachal, District-
Mirzapur, pending in the Court of Special Judge (S.C./S.T. Act), Mirzapur.
At the very outset, learned counsel for the appellants 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 of the appellants in light of the
judgment of Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI,
reported in (2022) 10 SCC 51.
4. Learned AGA for the State has not opposed the submissions made by
learned counsel for the appellants.
5. In light of the law laid down by the Hon'ble Supreme Court regarding grant
of bail to an accused, the appellants are granted liberty to file bail application
before the concerned trial court. If the appellants surrender before the trial
court and apply for bail within 20 days from today, the same shall be
considered and decided by the trial court in accordance with law at the
earliest, if possible on the same day.
CRLA No. 4582 of 2026
2
6. For a period of 20 days or till the date of surrender of the appellants before
the trial court, no coercive action shall be taken against the appellants.
7 . With the aforesaid observation, the present criminal appeal is disposed of.
May 6, 2026
Sushil/-
(Madan Pal Singh,J.)
Digitally signed by :-
SUSHIL KUMAR SINGH
High Court of Judicature at Allahabad
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