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2025 DAILYLAW 109155 (ALL)

RAKESH v. State of U.P. Thro Principal Secretary Home Gov of UP at Lucknow and another

A482/40777/2024 · 2025-05-25

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:92976 Court No. - 74 Case :- APPLICATION U/S 482 No. - 40777 of 2024 Applicant :- Rakesh Opposite Party :- State Of U.P. Thro Principal Secretary Home Gov Of Up At Lucknow And Another Counsel for Applicant :- Ajendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State perused the record. 2. This application has been filed by the applicant to quash the entire criminal proceedings in Sessions Case no.549 of 2024 and charge sheet dated 10.12.2022 as well as cognizance order dated 06.09.2024 in case crime no.223 of 2022 under Section 354-B IPC and Section 7/8 POCSO Act, Police Station - Nidholi Kalan, District Etah pending in the court of learned Special Judge, POCSO Act, Etah. 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 under Section 482 Cr.P.C, is finally disposed of. Order Date :- 26.5.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad