Disposed

Priya Gupta alias Durga v. State of U.P. and another

Allahabad HC5 Aug 2019A482/5790/2018

Case brief

AI extract

What is this about?

The Court disposed of an application under Section 482 Cr.P.C. to quash a non-bailable warrant and direct the Juvenile Justice Board to declare the applicant as a juvenile. Upon confirmation of the juvenile declaration, the Court directed bail consideration within 30 days and prohibited coercive action pending bail disposal, relying on Amrawati and Lal Kamlendra Pratap Singh.

What did the court decide?

Non-bailable warrant quashed; directive to consider bail within 30 days; coercive action barred pending bail disposal.

Priya Gupta alias Durga Vs State of U.P. and another — Bail and Remand | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 5790 of 2018

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Applicant :- Priya Gupta Alias Durga Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Chitranshi Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Shri Ashish Chitranshi, learned counsel for the applicant and learned A.G.A. for the State.

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Present application under Section 482, Cr.P.C. has been filed to quash the non bailable warrant dated 11.1.2017 issued by Additional Chief Judicial Magistrate, Shahjahanapur and further to direct the Juvenile Justice Board, Shahjahanpur to declare the applicant as juvenile under Section 49 of the Juvenile Justice (Care and Protection of Children) Act.

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This Court vide order dated 12.3.2018 call the report from the Juvenile Justice Board, Shahjahanpur. In pursuance of the said order, certified copy of the order dated 11.5.2018 passed by Juvenile Justice Board, Shahjahanpur has been filed in which the applicant, namely, Priya Gupta alias Durga, was declared juvenile and now, the trial is to be proceeded before the Juvenile Court.

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Learned counsel for the applicant submits that the offence against the applicant is in case No.20 of 2012, arising out of case Crime No.305 of 2011, under Section 363, 366, IPC and Section 3(2)(v) of SC/ST Act, P.S. Jalalabad, District Shahjahanpur.

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Under these circumstances, it is directed that in case the applicant appears and surrenders before the concerned Juvenile Board, Shahjahanpur within 30 days from today and applies for bail, her prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

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Till the disposal of bail application, no coercive action shall be taken against the juvenile-applicant in the aforesaid case.

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With the aforesaid direction, the application stands disposed of.

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Order Date :- 5.8.2019 T. Sinha

Priya Gupta alias Durga v. State of U.P. and another

Case brief

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Priya Gupta alias Durga v. State of U.P. and another

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