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2025 DAILYLAW 123286 (ALL)

BOLT @ PRADEEP v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS

A482/1380/2025 · 2025-02-13

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9438 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1380 of 2025 Applicant :- Bolt @ Pradeep Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Vaneeta Jain,Akanksha Suman,Jyoti Rawat 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 by the applicant for the following main relief(s):- "For the facts, reasons and circumstances stated in the accompanying Petition, which is duly supported by an affidavit, it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to quashed the summoning order dated 24-7-2024 passed by passed by District and Session Judge / Special Judge POCSO Act, District Lucknow in Special Case No. 1860/2024, State Versus Bolt@Pradeep and others, as well as Charge Sheet no. 1/2024, Charge Sheet dated 19.1.2024, in Case Crime no. 549/2023, F.I.R. dated 25.12.2023, U/S- 147,323,342,354,354-Kha, 354, Gha, 504,506 1.P.C. and 9/10 POCSO act, P.S. Chinhat, District-Lucknow, pending before District and Session Judge / Special Judge POCSO Act, District Lucknow, contained in Annexure No.1 and 2 to the accompanying affidavit, in the interest of Justice. It is further prayed that during the pendency of the present. Petition under section 482 C.R.P.C./528 BNSS, this Hon'ble may kindly be pleased to stay the operation and implementation of the summoning order dated 24-7-2024 passed by passed by District and Session Judge /Special Judge POCHO Act, District Lucknow in Special Case No. 1860/2024, State Versus Bolt @Pradeep and others, as well as Charge Sheet no. 1/2024, Charge Sheet dated 19.1.2024, in Case Crime no. 549/2023, F.I.R. dated 25.12.2023, U/S- 147,323,342,354,354-Kha, 354,Gha, 504,506 L.P.C. and 9/10 POCSO act, P.S. Chinhat, District Lucknow, pending before District and Bession Judge / Special Judge POCSO Act, District Lucknow, contained in Annexure No.1 and 2, in the Interest of justice." After arguing the matter 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 directed to be decided in view of law laid down by the 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. 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 applies for bail before the court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. 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. 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. With the aforesaid observations, the present application is disposed of. Order Date :- 13.2.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench