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2025 DAILYLAW 105226 (ALL)

RAM AASHISH @ ASHISH KUMAR v. State of U.P. AND 3 OTHERS

A482/36304/2024 · 2025-05-22

Saurabh Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:88631 Court No. - 74 Case :- APPLICATION U/S 482 No. - 36304 of 2024 Applicant :- Ram Aashish @ Ashish Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jyoti Bhushan Counsel for Opposite Party :- Amar Nath Singh,G.A.,Ram Prakash Sharma Hon'ble Saurabh Srivastava,J. 1. Heard Sri Jyoti Bhushan, learned counsel for the applicant and learned A.G.A. for the State and perused the record. 2. This application has been filed by the applicant to quash the entire proceeding of Special Sessions Trial no. 126 of 2024 (State vs. Ram Aashish) in Case Crime no. 339 of 2023 under sections 354, 323, 504, 506, 352 IPC and 7/8 POCSO Act, PS- Nizamabad, District Azamgarh pending in court of Special Judge (POCSO Act) Azamgarh and this Court be pleased to quash the cognizance order dated 06.05.2024 passed by learned Special Judge (POCSO Act) Azamgarh in aforesaid case and to quash charge sheet dated 18.09.2023. 3. At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 4. Learned AGA has no objection to the prayer so made. 5. Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within three weeks from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra). 6. For a period of three weeks from today, no coercive action shall be taken against the applicant. 7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant. 8. With the above direction, the instant application stands disposed of. Order Date :- 23.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad