Disposed

Vipin Kumar @ Ankush v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Allahabad HC25 Feb 2022/5849/2021

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the court considered a request from the applicant to direct the lower court to decide any pending bail application expediently in light of the Supreme Court judgment in Aman Preet Singh case.

What did the court decide?

Direction that the lower court decide any bail application moved by the petitioner within fifteen days and consider interim direction on the first date.

Vipin Kumar @ Ankush Vs State of U.P. Thru. Prin. Secy. Home. Lko and Another — Allahabad HC (2022) — LawSathi Research

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 5849 of 2021

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Applicant :- Vipin Kumar @ Ankush Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko And Another Counsel for Applicant :- Dileep Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioner and learned A.G.A for the State.

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The present 482 Cr.P.C. application has been filed to set aside the summoning order dated 13.07.2020 filed under Section 323, 354(ka) I.P.C. & 7/8 POCSO Act as well as charge sheet dated 15.01.2019 filed in Case Crime No.311/2018, under Section 323, 354 I.P.C. & 7/8 POCSO Act, P.S.-Pisawan, DistrictSitapur pending in the Court of Additional Sessions Judge, Court No.16 (State versus Ankush). Further prayer has been made to stay the further proceeding pending before the Additional Sessions Judge Court No.16 (State versus Ankush) in Case Crime No.311/2018, under Section 323, 354 I.P.C. & 7/8 POCSO Act, P.S.-Pisawan, District-Sitapur.

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Upon an objection raised by learned A.G.A., learned counsel for the petitioner, after arguing for some times, submits that the petition may be disposed of with direction to the learned trial court that in case the petitioner moves an application for bail, the same may be decided expeditiously in view of the judgment of the Hon'ble Supreme Court in the case of Aman Preet Singh

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versus C.B.I. through Director Criminal Appeal No.929 of 2021 . He further submits that although the charge sheet has also been filed under Section 7/8 POCSO Act, however, the trial court is precluded to grant interim bail.

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Learned A.G.A. has no objection to the innocuous prayer made by learned counsel for the petitioner.

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In view of the law laid down by the Hon'ble Supreme Court in

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the case of Aman Preet Singh (supra) , it is provided that in case the petitioner files an application for bail before the court below within fifteen days from today, the same shall be decided expeditiously. The prayer for interim direction shall be considered on the first date.

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The application is disposed of accordingly.

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Order Date :- 25.2.2022 Akanksha

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Digitally signed by AKANKSHA SRIVASTAVA Date: 2022.03.03 12:47:29 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Vipin Kumar @ Ankush v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Case brief

What is this about?

What did the court decide?

Vipin Kumar @ Ankush v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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