Disposed

Geeta Sharma v. State of Up and 3 Others

Allahabad HC22 Oct 2024ABAIL/10274/2024

Case brief

AI extract

What is this about?

Applicant sought anticipatory bail in Case Crime No. 638 of 2023 (Sections 504, 506 IPC; Sections 11/12 POCSO Act; Section 67 IT Act). Counsel did not press the application on merits and sought a direction for expeditious disposal of regular bail. The Court refused anticipatory bail, directed that if the applicant surrenders within two weeks the regular bail application be decided expeditiously in accordance with Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922, and protected the applicant from coercive action during that period.

What the court decided

AI extract

Geeta Sharma vs State of Up and 3 Others — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:197296

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10274 of 2024

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Applicant :- Geeta Sharma Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Amar Nath Singh,Ram Prakash Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No.638 of 2023, under Sections 504 and 506 IPC and 11/12 of the Protection of Children From Sexual Offences Act, 2012 and 67 I.T. Act, Police Station- Gola, District- Gorakhpur, during the pendency of investigation/trial.

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After arguing the matter at some length, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously.

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant.

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Accordingly the relief as sought by the applicant through this application is refused.

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Considering the aforesaid alternative prayer of the applicant, it is directed that if applicant surrenders before the concerned Court below within two weeks from today and applies for regular bail, his bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another, reported in 2021 SCC OnLine SC 922.

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For the period of two weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

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With the aforesaid directions, this anticipatory bail application stands disposed of.

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Order Date :- 17.12.2024 Asha

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Digitally signed by :- ASHA High Court of Judicature at Allahabad

Geeta Sharma v. State of Up and 3 Others

Case brief

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What the court decided

Geeta Sharma v. State of Up and 3 Others

Case brief

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What the court decided

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