Allahabad High Court
VIMAL KUMAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The appeal and the anticipatory bail applications are dismissed as not pressed.
Summary
The appellants Vimal Kumar and Ramsajivan appealed against an order of the Special Judge granting anticipatory bail in a case under Sections 304 and 328 of the IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. The appellants sought to set aside the order and also requested anticipatory bail. Counsel for Vimal Kumar argued that there was no apprehension of arrest and therefore the bail prayer should be dismissed, while counsel for Ramsajivan said further documents were needed and a fresh petition would be filed. The State and the opposite party raised no objection. The High Court held that the appeal and the anticipatory bail applications were "not pressed" and dismissed them for both appellants, with liberty to file a fresh petition if required. Consequently, the pending applications, if any, were also ordered to stand disposed.
Issues considered
- Whether the appeal against the Special Judge's order granting anticipatory bail is maintainable.
- Whether anticipatory bail should be granted to the appellants under the facts presented.
Legislation cited
- Indian Penal Code — s. 304, 328
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
Subjects
- anticipatory bail
- criminal appeal
- SC/ST Act
- IPC
- not pressed
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 4670 of 2025
Vimal Kumar And Another
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Ajay Singh Sengar, Rakesh Kumar
Mathur
Counsel for Respondent(s) : G.A., Sushil Kumar
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Ajay Singh Sengar, learned counsel for the appellants, Sri
Sushil Kumar, learned counsel for the opposite party no. 2, Sri V.D.
Ojha, learned counsel for the State and perused the record.
3. This appeal has been filed by the appellants- Vimal Kumar and
Ramsajivan with the prayers to set aside the impugned order dated
17.4.2025 passed by Special Judge (S.C./S.T. Act), Jalaun at Orai passed
in Anticipatory Bail Application No. 56 of 2025, Vimal Kumar and
another vs. State of U.P., in Sessions Trial No. 47 of 2023, u/s 304, 328
I.P.C. and Section 3(2)v Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, arising out of Complaint Case No.
43 of 2019, Smt. Janak Nandini vs. Vimal Kumar Dubey and others, now
State vs. Vimal Kumar Dubey and others, with the further prayer to grant
anticipatory bail to the appellants in the said case.
4. Learned counsel for the appellants submits that in so far as the
appellant no. 1 Vimal Kumar is concerned, there is no apprehension of his
arrest and thus the present appeal along with the prayer for anticipatory
bail be dismissed not pressed. He further submits that in so far as the
prayer for anticipatory in so far as it relates to the appellant no.
2/Ramsajivan is concerned, the same be dismissed as not pressed as some
more documents and facts need to be brought on the record and as such he
shall be filing a better petition for the same.
CRLA No. 4670 of 2025
2
5. Learned A.G.A. and learned counsel for the opposite party no. 2 have
no objection to the same.
6. As prayed, the appeal and the prayer for anticipatory bail be dismissed
as not pressed in so far as the appellant no. 1Vimal Kumar is concerned.
7. The appeal in so far as the appellant no. 2 Ramsajivan is concerned, the
same is also dismissed as not pressed with liberty as prayed.
8. Pending application(s), if any, shall stand disposed of.
(Samit Gopal,J.)
April 27, 2026
Naresh
Digitally signed by :-
NARESH KUMAR
High Court of Judicature at Allahabad
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