Disposed

Smt. Babita v. State of U.P.

Allahabad HC9 Sept 2024ABAIL/8917/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous anticipatory bail application, the court refused the primary prayer on merit. Instead, the court directed the applicant to surrender within three weeks for expeditious bail consideration and restrained coercive action during this period.

What did the court decide?

The applicant is directed to surrender within three weeks for expedited bail consideration; no coercive action shall be taken during this period.

Smt. Babita vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:146001

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8917 of 2024

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Applicant :- Smt. Babita Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Sushil Kumar Pandey, 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. 7 of 2023, under Section 420, 120-B, 467, 468 I.P.C., Police Station- Fugana, District- Muzaffarnagar.

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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 three weeks from today and applies for 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 three 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 U/s 438 Cr.P.C., stands disposed of.

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Order Date :- 9.9.2024

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Nitin Verma

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

Smt. Babita v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Babita v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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