Neutral Citation No. - 2025:AHC-LKO:19977 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2365 of 2025 Applicant :- Pawan Kumar Gautam @ Shiva And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Vijayendra Prakash Tripathi,Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicants with the following main prayers:- "That for the facts, reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet dated 26-01-2024 arising out of case crime 391 of 2023, under sections- 363, 366, 376, 420, 467, 468, 471 Ι.Ρ.C. & 34 POCSO Act, Police Station- Motipur, District- Bahraich and also quash the summoning order dated 21- 11-2024 passed by Additional District & Sessions Judge/Special Judge, POCSO Act, Bahraich in Special Criminal Case No. 1192 of 2024, (State Versus Bindi @ Kushuma Devi and others) pending in the court of Additional District & Sessions Judge/Special Judge, POCSO Act, Bahraich on the basis of compromise deed dated 25- 02-2025 as contained in Annexure Nos. 1, 2 & 3 to the affidavit in support of this petition. It is further prayed that stay the proceedings of Special Criminal Case No. 1192 of 2024, arising out of case crime 391 of 2023, under sections- 363, 366, 376, 420, 467, 468, 471 I.P.C. & 3% POCSO Act, Police Station- Motipur, District- Bahraich (State Versus Bindi @ Kushuma Devi and others) pending in the court of Additional District & Sessions Judge/Special Judge, POCSO Act, Bahraich, in the interest of justice." 3. After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants 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 Satendra 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 be decided expeditiously. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 5. Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty as prayed for with a direction to the court below that if the applicants apply 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 applicants to move discharge application before the court below and the same shall be decided expeditiously, if there is no any other legal impediment and in accordance with law. 7. Taking note of the facts of the case and also the observations made 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. Order Date :- 9.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench