Disposed

Kalawati v. State of U.P. and Another

Allahabad HC6 Nov 2024ABAIL/10703/2024

Case brief

AI extract

What is this about?

The applicant withdrew the plea for bail on merits and prayed for direction to the trial court to decide her regular bail application expeditiously. The High Court refused bail on merits but directed the lower court to dispose of the regular bail application expeditiously if the applicant surrendered within two weeks.

What did the court decide?

No coercive action for two weeks or until surrender; direction to decide regular bail expeditiously.

Kalawati vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:182624

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10703 of 2024

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Applicant :- Kalawati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Supplementary affidavit has been filed today in the Court, is taken on record.

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Heard Sri Prem Shankar Sharma, 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 on behalf of the applicant with a prayer to release her on bail in Case Crime No. 49 of 2017, under Section 406, 420 I.P.C., Police Station-Naugarh, District- Chandauli.

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On the matter being taken up, 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, the 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 her.

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

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Order Date :- 22.11.2024

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Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Kalawati v. State of U.P. and Another

Case brief

What is this about?

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Kalawati v. State of U.P. and Another

Case brief

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