Allahabad High Court
RAHUL ALIAS RAKESHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The High Court granted the appellant liberty to file a bail application within 20 days and stayed any coercive action, disposing of the appeal.
Summary
The appellant Rahul alias Rakesh filed a criminal appeal under Section 14A‑1 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 seeking to quash the charge‑sheet, cognizance order and the entire proceedings of a Sessions case involving offences under the Indian Penal Code and the SC/ST Act. The appellant 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 the request. The High Court, relying on the Supreme Court precedent, granted the appellant permission to file a bail application within 20 days of the order and directed that no coercive action be taken against him during that period. The appeal was thereafter disposed of without addressing the substantive challenge to the charge‑sheet.
Issues considered
- What relief, if any, can a High Court grant in a criminal appeal under the SC/ST Act when the appellant seeks only procedural liberty to file a bail application and not a substantive challenge to the charge‑sheet?
Legislation cited
- Indian Penal Code — s. 115(2), 118(1), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s)
Subjects
- bail
- Scheduled Castes and Scheduled Tribes Act
- criminal appeal
- quash of charge-sheet
- Supreme Court precedent
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 9482 of 2025
Rahul Alias Rakesh
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Manish Kumar Datta, Ram Jatan Yadav
Counsel for Respondent(s) : Anjit Kumar, G.A.
Court No. - 51
HON'BLE MADAN PAL SINGH, J.
1. Counter affidavit filed on behalf of the State and the rejoinder affidavit filed
on behalf of the appellant to the counter affidavit filed on behalf of opposite
party no.2 in the Court today are taken on record.
2. Heard learned counsel for appellant, learned counsel for opposite party
no.2 and learned AGA for the State-respondent.
3. 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 14th May,
2025, cognizance/summoning order dated 22nd July, 2025 as well as entire
proceedings of Sessions Case No. 1295 of 2025 (State Vs. Rahul @ Rakesh
& Another) arising out of Case Crime No. 194 of 2025 under Sections 115 (2),
352, 351 (2) and 118 (1) of B.N.S. and Sections 3 (1) (r) and 3 (1) (s) of
S.C./S.T. Act, Police Station-Govardhan, District-Mathura, pending in the
Court of Special Judge (S.C./S.T. Act), Maathura.
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 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 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. If the appellant surrenders before the trial
CRLA No. 9482 of 2025
2
court and applies 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.
6. For a period of 20 days or till the date of surrender of the appellant before
the trial court, no coercive action shall be taken against the appellant.
7 . With the aforesaid observation, the present criminal appeal is disposed of.
May 14, 2026
Sushil/-
(Madan Pal Singh,J.)
Digitally signed by :-
SUSHIL KUMAR SINGH
High Court of Judicature at Allahabad
Checking your session…