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2025 DAILYLAW 126979 (ALL)

OMKAR v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

A482/2079/2025 · 2025-03-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13691 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2079 of 2025 Applicant :- Omkar Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Shailendra Pathak,Km. Anjali Gautam 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:- "to quash the impugned charge sheet dated 7.1.2023 arising out of Case Crime No.574/2022, under sections- 354, 506 IPC and section 7/8 POCSO Act, Police Station-Payagpur, District- Bahraich as well as summoning order dated 16.8.2023 and bailable warrant dated 19.10.2024 passed/issued by learned Additional District & Sessions Judge/Special Judge, POCSO Act, Bahraich in Special Criminal Case No.845/2023 (State Versus Omkar & Another) including further proceeding thereof (so far it relates with the petitioner), as contained in Annexure No.1,2&3 respectively to this petition in the interest of justice." 3. 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 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, their 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. Order Date :- 6.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench