Disposed

Ankur Singh @ Manjit Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC15 Jul 2024/5544/2024

Case brief

AI extract

What is this about?

This applicant filed an application under Section 482 Cr.P.C. to seek liberty to file bail and discharge applications expeditiously. The court granted liberty and directed the trial court to decide these applications promptly. It also restrained police from coercive action for 30 days.

What did the court decide?

Liberty granted to file bail and discharge applications expeditiously; police restrained from coercive action for 30 days.

Ankur Singh @ Manjit Singh Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:47895

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 5544 of 2024 Applicant :- Ankur Singh @ Manjit Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Applicant :- Manoj Kumar Singh,Prashant Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

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The present application U/s 482 Cr.P.C. has been filed by the applicant to set aside the summoning order dated 15.02.2024 passed by Additional District Judge/Special Judge, POCSO Act, Gonda in Session Case No. 229 of 2024 arising out of Case Crime No. 486 of 2023, under Sections- 363, 366, 342, 376DA IPC and Section 5(G)/6 POCSO Act, P.S.- Paraspur, District- Gonda as well as charge sheet No. 01 dated 08.02.2024.

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After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No. 5191 of 2021 as also to prefer a discharge application before the court below and the same may be decided expeditiously.

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Learned AGA has no objection to the prayer made by learned counsel for the applicant.

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Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.

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Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

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Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil (Supra) , this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case.

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With the aforesaid observations, the present application U/s 482 Cr.P.C., is disposed of.

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Order Date :- 15.7.2024/Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ankur Singh @ Manjit Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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Ankur Singh @ Manjit Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

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