KANHAIYA @ ANKIT v. STATE OF U.P. THRU. SECY. HOME DEPTT. AND ANOTHER
A482/2994/2025 · 2025-04-08
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132032 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132032 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19790
Court No. - 14 Case :- APPLICATION U/S 482 No. - 2994 of 2025 Applicant :- Kanhaiya @ Ankit Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. And Another Counsel for Applicant :- Rohit Singh Parmar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Shri Rohit Singh Parmar, learned counsel for the applicant 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 applicant with the following prayer:-
" Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the summoning order dated 23.10.2024 passed by ADJ/Spl. Judge POCSO Act (main), Lucknow and charge sheet no. 01/2024 dated 26.08.2024 in Case No. 2417/2014 Crime No. 407/2023 Under Section 354 IPC, 7/8 POCSO Act, 66 IT Act, Police Station BKT, District Lucknow styled as State Vs. Kanhaiya alias Ankit and other, as contained in annexure no. 1 and 2 to this petition"
3. After arguing 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 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 applicant. 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 applicant applies 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. 7. With the aforesaid observations, the present application, is
disposed of.
Order Date :- 8.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench