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2025 DAILYLAW 130458 (ALL)

BADKAU @ IRFAN ALI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. LKO AND ANOTHER

A482/2920/2025 · 2025-05-15

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28691 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2920 of 2025 Applicant :- Badkau @ Irfan Ali And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko And Another Counsel for Applicant :- Pragya Singh,Prashansa Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Smt. Pragya Singh and Smt. Prashansa Singh, 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 prayer:- " Wherefore, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to set aside/quash the impugned order dated 11.03.2025 passed by the Court of learned Additional Sessions Judge/Special Judge (POCSO Act), Shrawasti in Session Trial No. 412/2023 (State Versus Badkau @ Irfan Ali and others) arising out of Case Crime No. 0109/2023 pertaining to Police Station Malhipur, District Shrawasti by which the learned trial court has altered the charges under Section 376 D IPC & Section 5 (g)/6 of POCSO Act against the applicants/petitioners upon the application no. A-15 which has been moved by the prosecution under Section 216 of Cr.P.C. as contained in annexure no. 1 to this petition, 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 . 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 and 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. 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, they would not take any coercive action against the applicants in the aforesaid case. 7. With the aforesaid observations, the present application, is disposed of. Order Date :- 15.5.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench