Disposed

Pankaj Gupta v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC22 Jan 2024ABAIL/108/2024

Case brief

AI extract

What is this about?

Anticipatory bail application rejected; court directed trial court to dispose of regular bail application with utmost expedition in compliance with Supreme Court guidelines in Hussain and Satender Kumar Antil.

What did the court decide?

Direction to trial court to dispose of regular bail application with expedition upon applicant's appearance within 15 days.

Pankaj Gupta vs State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:10347

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 108 of 2024

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Applicant :- Pankaj Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

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Counsel for Applicant :- Akhilesha Nand Pandey,Ravi Kant Counsel for Opposite Party :- G.A.,Pushpendra Sahay Saxena,Vikas Chaturvedi,Vinai Kumar Bhatt

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary.

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

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The instant application has been moved by the applicant- Pankaj Gupta , in Case Crime No. 187 of 2021, under Sections 354-B, 323, 504, 506 I.P.C. and Section 7/8 POCSO Act & Section 3(2)5 S.C./S.T. Act, Police Station Ahirauli, District Ambedkar Nagar, with the prayer to enlarge him on anticipatory bail, as he is apprehending arrest in the above-mentioned case.

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Having argued at some length, learned counsel for the applicant submits that due to some misunderstanding he could not move an application for regular bail under Section 437/439 Cr.P.C. under the orders of a co-ordinate Bench of this Court dated 25.08.2023 passed in Application U/s 482 Cr.P.C. No. 8508 of 2023 and, thus, the applicant is now intending to appear before the trial court in compliance of the aforesaid order and he be permitted to move an application for regular bail under Section 437/439 Cr.P.C. with consequential directions to the trial court to decide the same with expedition.

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No objection in this regard is raised by learned A.G.A.

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Having regard to the facts and circumstances of the case, it is revealed that instead of moving a regular bail application, the applicant has moved an anticipatory bail application before the trial court and the same has been rejected. Be that as it may, now a request has been made by applicant that as he is intending to move regular bail application before trial court, the same may be directed to be disposed of with urgency. This

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Court is of the considered view that every under trial or a convict is having an inherent right to get his bail application disposed of with utmost expedition as it touches the personal liberty of an accused who is also carrying a presumption of innocence.

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The view of this Court is fortified by the law laid down by the Hon'ble Supreme Court and directions given in Hussain and Ors. Vs. Union of India (UOI) and Ors . reported in MANU/SC/0274/2017 as well as In Re: To issue certain Guidelines Regarding inadequacies and deficiencies in Criminal Trials v. State of Andhra Pradesh and others , MANU/SC/0292/2021 and in Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773.

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Thus, having regard to all the facts and circumstances of the case and keeping in view that learned counsel for the applicant has confined his prayer for issuance of a direction for expeditious disposal of his regular bail application, which he is now intending to move under the orders of a co-ordinate Bench of this Court dated 25.08.2023 passed in Application U/s 482 Cr.P.C. No. 8508 of 2023, the instant anticipatory bail application moved by the applicant- Pankaj Gupta is finally disposed of with a direction that if in compliance of the order of a co-ordinate Bench of this Court, dated 25.08.2023 passed in Application U/s 482 Cr.P.C. No. 8508 of 2023, applicant surrenders/appear before the trial court within 15 days from today, the trial court shall be under an obligation to dispose of the same in accordance with the law laid down by the Hon'ble Supreme Court in the above-mentioned cases.

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Order Date :- 5.2.2024

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Praveen

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Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Pankaj Gupta v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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Pankaj Gupta v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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