Neutral Citation No. - 2025:AHC-LKO:2282 Court No. - 12 Case :- APPLICATION U/S 482 No. - 142 of 2025 Applicant :- Sahabuddeen Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Taufeeq Ahmad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Charge Sheet No. 118/2021, dated 01.07.2021 arising out of the Case Crime No.0111/2021, under section 504, 354 IPC and section 7/8 POCSO Act and section 3 (2) (va) SC/ST Act, Police Station-Subeha, District- Barabanki, in Session Case No.1388/2023 (State Vs. Sahabuddeen), pending in the court of Learned Additional District and Sessions Judge/Special Judge, POCSO Act, Court No.44 Barabanki, as contained in Annexure No. 1 to this petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Session Case No.1388/2023 (State Vs. Sahabuddeen), arising out of the Case Crime No.0111/2021, under section 504, 354 IPC and section 7/8 POCSO Act and section 3 (2) (va) SC/ST Act, Police Station-Subeha, District-Barabanki, pending in the court of Learned Additional District and Sessions Judge/Special Judge, POCSO Act, Court No.44 Barabanki, during the pendency of the aforesaid petition, in the interest of justice." 3. After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant 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 application before the court below and the same may be decided expeditiously. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. 6. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. 7. Taking note of the facts of the case and also the observation 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. Order Date :- 13.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench