Disposed

Ram Diwakar Verma Alias Ramdiwakar and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC5 Jan 2024A482/20/2024

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What is this about?

This order allows the applicant to apply for bail with expedited disposal, directing the court below to decide bail applications quickly under the Satender Kumar Antil dictum without merits adjudication.

What did the court decide?

Liberty to file bail application within 15 days; direction to court below to decide bail expeditiously.

Ram Diwakar Verma Alias Ramdiwakar and 2… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:1321

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 20 of 2024 Applicant :- Ram Diwakar Verma Alias Ramdiwakar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

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Counsel for Applicant :- Amrish Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Ambrish Tiwari, learned counsel for the petitioners and Sri Anirudh Kumar Singh, learned AGA for State.

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In view of the proposed order notice to opposite party no. 2 is hereby dispensed with.

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At the very outset learned counsel for the petitioners has stated that all accused persons in Case Crime No. 253 of 2023 u/s 354, 323, 504, 506 I.P.C. and section 7/8 of the Protection of Children from Sexual Offences Act, 2012, P.S. Chhapiya, District Gonda, are ready to surrender before the court concerned to apply the bail but it may be directed that their bail applications may be decided with expedition in the light of the dictum of Apex Court in re: Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2021 SCC Online SC 922 .

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Learned AGA has submitted that this is a case wherein besides other sections, section 7/8 of POCSO Act is involved, therefore, notice to victim should be issued but if this Court is considering the limited prayer of the petitioner to the extent that bail of the petitioners / applicants be disposed of with expedition, he has no objection.

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Having considered the arguments of learned counsel for the parties and considering the material available on record and the innocuous prayer of the learned counsel for the petitioners and without entering into the merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioners to surrender before the court concerned by filing bail application within a period of 15 days and if the petitioners surrender and move bail application, the learned court concerned shall decide the same applications expeditiously in the light of the dictum of Apex Court in re : Satender Kumar Antil (supra) .

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(Rajesh Singh Chauhan, J.)

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Order Date :- 5.1.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Ram Diwakar Verma Alias Ramdiwakar and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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Ram Diwakar Verma Alias Ramdiwakar and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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