NEETU PAL @ POOJA PAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
NA528/308/2025 · 2025-04-18
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131468 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131468 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:22002 Court No. - 19 Case :- APPLICATION U/S 528 BNSS No. - 308 of 2025 Applicant :- Neetu Pal @ Pooja Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Balak Ram Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 528 of B.N.S.S. has been filed by the applicant for quashing the summoning order dated 07.02.2025 passed by the Special Judge (POCSO Act), Ambedkar Nagar in POCSO Case No.201 of 2025 arising out of Case Crime No.144 of 2024, under Sections 352, 142, 115(2), 61(2) of B.N.S. & Sections 16 & 17 of POCSO Act, P.S. Katka, District Ambedkar Nagar as well as Charge Sheet No.168 of 2024 dated 30.09.2024.
3. After some arguments, learned counsel for the applicant has made a statement at the Bar that he does not want to press other prayers made in the prayer clause and has confined his prayer only to the relief that the applicant is ready and willing to surrender before the Trial Court and in case, applicant files an application for bail, her bail applications may be considered and
disposed of in view of law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773.
4. Per contra, learned A.G.A. has opposed the prayer.
5. In view of the above statement, it is directed that in case, the applicant appears before the Trial Court within 30 days from today and applies for bail, her bail applications shall be considered and disposed off in view of law laid down by Apex Court in the case of Satender Kumar Antil (supra) after hearing both the parties.
6. For a period of 30 days from today or till the applicant surrenders and moves such an application for bail, whichever is earlier, no coercive measure shall be taken against the applicant in the aforesaid case.
7. With the aforesaid observations, the application u/s 528 of B.N.S.S is disposed off.
Order Date :- 18.4.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad, Lucknow Bench