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Allahabad High Court

LALU TIWARI ALIAS KAMLAKANT AND 3 OTHERSversusState of UP AND ANOTHER

Decided

Holding

The appeal is dismissed as not pressed, and the anticipatory bail relief is denied.

Summary

The appellants Lalu Tiwari alias Kamlakant and three others filed a criminal appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 seeking anticipatory bail in a case involving offences under IPC sections 323, 354, 504, 506 and SC/ST Act Section 3(1)(d)(dha). The trial pertained to Special Trial No. 32 of 2023 arising from Complaint Case No. 106 of 2022. The appellants argued that the anticipatory bail prayer should be dismissed as not pressed. The High Court examined the record and found that the appeal was indeed not pressed. Consequently, the court dismissed the appeal, vacated any interim order, and disposed of pending applications. The order was directed to be communicated to the trial court within four days.

Issues considered

  • Whether the anticipatory bail petition filed in the appeal is pressed and merits consideration
  • Whether the appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 should be allowed

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • criminal appeal
  • not pressed
  • dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       CRIMINAL APPEAL No. - 9651 of 2024

                                    Lalu Tiwari Alias Kamlakant And 3 Others
                                                                                               .....Appellant(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                              .....Respondent(s)

                                    Counsel for Appellant(s)              :     Tarun Jha
                                    Counsel for Respondent(s)             :     G.A., Santosh Kumar Verma

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

                                    1. List revised.

                                    2. Heard Sri Tarun Jha, learned counsel for the appellants, Sri Santosh
                                    Kumar Verma, learned counsel for the opposite party no.2/first informant
                                    and Sri Ajay Singh, learned AGA-I for the State/O.P. No.1 and perused
                                    the record.

                                    3. This criminal appeal under Section 14-A(2) of SC/ST (Prevention of
                                    Atrocities) Act, 1989 has been filed by the appellants Lalu Tiwari @
                                    Kamlakant, Mayank Patel, Monu Niranjan @ Yogesh Kumar and
                                    Manglesh Pal, with the prayer to release the appellants on anticipatory
                                    bail till the end of trial in Special Trial No. 32 of 2023, arising out of
                                    Complaint Case No. 106 of 2022, under Sections 323, 354, 504, 506 IPC
                                    and Section 3(1)(d)(dha) of SC/ST Act, Police Station Kotwali Jalaun,
                                    District Jalaun.

                                    4. At the very outset learned counsel for the appellants submits that prayer
                                    for anticipatory bail in the appeal be dismissed as not pressed.

                                    5. Prayer is allowed.

                                    6. The appeal is dismissed as not pressed.

                                    7. Interim order, if any, stands vacated.
                                    8. Pending application(s), if any, stand disposed of.

                                    9. Registrar (Compliance) to communicate this order to the concerned
                                    trial court within four days.


                                                                                              (Samit Gopal,J.)
                                    May 12, 2026
                                    M. ARIF




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

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