Disposed

Rakesh v. State of U.P. and Another

Allahabad HC9 Apr 2019A482/13468/2019

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. application regarding POCSO and IPC 354-B charges, the applicant withdrew his challenge to the charge-sheet. The court directed that if the applicant surrenders and applies for bail within 45 days, the lower court must decide it expeditiously per Amrawati and Lal Kamlendra Pratap Singh.

What did the court decide?

Direction to be heard expeditiously if bail application filed within 45 days; no coercive action for 45 days.

Rakesh Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 13468 of 2019

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Applicant :- Rakesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J .

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Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.

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This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet No.06 of 2019 dated 03.01.2019 arising out of Case Crime No. 344 of 2018 and proceedings of Special Case No.544 of 2019 (State vs. Rakesh), under Sections 354-B I.P.C. & 7/8 Protection of Children From Sexual Offence Act, Police Station Shamshabad, District -Agra, pending in the court of Additional District Judge/Special Judge (POCSO Act), Agra.

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The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet No.06 of 2019 dated 03.01.2019 and impugned criminal proceedings against the applicant and requested to grant some protection, so that applicant may surrender before the court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail application of the applicant expeditiously in accordance with law.

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Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.

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For the period of 45 days from today, no coercive action shall be taken against the applicant .

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With the above observations, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 9.4.2019 SKD

Rakesh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rakesh v. State of U.P. and Another

Case brief

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