Disposed

Vikram Singh v. State of U.P. Thru. Addl. Prin. Secy. Deptt. of Home Lko and Another

Allahabad HC4 Oct 2024CRLA/3168/2024

Case brief

AI extract

What is this about?

In Criminal Appeal No. 3168 of 2024, the Allahabad High Court, Lucknow Bench, disposed of the appeal freeing the appellant to file a bail application and discharge appeal before the trial court expeditiously. The judge directed the police to avoid coercive action for 30 days.

What did the court decide?

Liberty granted to file bail and discharge applications expeditiously; police instructed not to take coercive action for 30 days.

Vikram Singh vs State of U.P. Thru… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:70210

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Court No. - 12 Case :- CRIMINAL APPEAL No. - 3168 of 2024 Appellant :- Vikram Singh Respondent :- State Of U.P. Thru. Addl. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Appellant :- Sunil Kumar Counsel for Respondent :- G.A.

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Hon'ble Saurabh Lavania,J.

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Vakalatnama filed by Sri Mohit Sharma, Advocate alongwith Sri Vaibhav Sangam Mishra, Advocate, on behalf of opposite party No. 2 in the Court today is taken on record.

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Heard learned counsel for the appellant and learned AGA for the State as well as perused the record.

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The present appeal has been filed by the appellant to set aside/quash the order dated 24.09.2024 passed by Special Judge SC/ST Act, Lucknow in Anticipatory Bail Application No. 7448/2024 relating to Case Crime No. 72/2023, under Sections 323, 504, 506 IPC and Section 3(1)(r) and 3(1)(s) of SC/ST Act, Police Station- PGI, District- Lucknow.

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After arguing at some length, learned counsel for the appellant has submitted that liberty may be given to the appellant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 as also to prefer a discharge appeal before the court below and the same may be decided expeditiously.

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Learned AGA has no objection to the prayer made by learned counsel for the appellant.

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Keeping in view the aforesaid, the present appeal is disposed of with liberty as prayed for and with a direction to the court below that if the appellant applies for bail before the court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.

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Liberty is also granted to the appellant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

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Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil (Supra) , this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the appellant applies for bail, whichever is earlier, they would not take any coercive action against the appellant in the aforesaid case.

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With the aforesaid observations, the present appeal is disposed of.

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Order Date :- 18.10.2024 Arun/-

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

Vikram Singh v. State of U.P. Thru. Addl. Prin. Secy. Deptt. of Home Lko and Another

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Vikram Singh v. State of U.P. Thru. Addl. Prin. Secy. Deptt. of Home Lko and Another

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