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2025 DAILYLAW 119536 (ALL)

ALATAMAS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO 3 OTHERS

A482/796/2025 · 2025-02-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7224 Court No. - 12 Case :- APPLICATION U/S 482 No. - 796 of 2025 Applicant :- Alatamas Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko 3 Others Counsel for Applicant :- Divyanshu Tripathi,Aman Kumar Shrivastav 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 has been filed by the applicant for the following main reliefs:- "Wherefore, it is most respectfully prayed that the Hon'ble Court may graciously be pleased to quash the Impugned Chargesheet No. 189/2024 dated 29.05.2024 arising out of case crime no. 146/2024 under section 354, 506 I.P.C. 7/8 POCSO Act Police Station- Pasgawan, District-Kheri as well as summoning order dated 03.10.2024 passed by Special Session Judge POCSO Lakhimpur Kheri passed in case crime no. 146/2024 under section 354, 506 I.P.C. 7/8 POCSO Act Police Station-Pasgawan, District-Kheri (State of U.P. versus Hasan and others) only in respect of petitioner, in the interest of justice, contained as Annexure No. 1 & 2 to this petition." 3. On being confronted and after taking note of the statement(s) of the victim recorded in terms of Section(s) 161 and 164 Cr.P.C.,learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application including anticipatory bail application before the trial court which may be directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116, and also to prefer a discharge application before the court below and the same may also be directed to 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 observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (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, they would not take any coercive action against the applicant in the aforesaid case. Order Date :- 4.2.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench