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2025 DAILYLAW 117433 (ALL)

ANIL YADAV ALIAS ANIL KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

A482/349/2025 · 2025-01-16

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2624 Court No. - 12 Case :- APPLICATION U/S 482 No. - 349 of 2025 Applicant :- Anil Yadav Alias Anil Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Applicant :- Ramesh Chandra,Avinash Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set-aside the impugned order dated 23.10.2024, passed in Special Case Number -2494/2024, State versus Anil Yadav bearing Case Crime Number 128 of 2024, under section 354, 323, 504, 506 IPC and Section 9n/10 of POCSO Act, Police Station- Bakshi Ka Talaab, District Lucknow, pending in the Court of Additional District and Sessions Judge/ Special Judge POCSO Act, Lucknow by means of which cognizance has been taken and the Applicant has been summoned for Appearance as contained in Annexure No.-1 and also the entire proceedings instituted on the basis thereof." 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. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 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 apply for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 16.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench