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2025 DAILYLAW 133266 (ALL)

JUVENILE X THRU. HIS FATHER NAMELY PHOOL CHAND YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

NA528/321/2025 · 2025-04-17

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21694 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 321 of 2025 Applicant :- Juvenile X Thru. His Father Namely Phool Chand Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Anoop Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Abhishek Kumar, Advocate holding brief of Shri Anoop Kumar Upadhyay, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with a prayer to quash the chargesheet dated 07.11.2024 arising out of Case Crime No. 778 of 2024, U/S 74/126(2)/115(2)351(3)/352/61(2) of B.N.S, Section 7/8 POCSO Act & Section 3(1)(da)/3(1) (dha)/3/1(w) of SC/ST Act at Police Station Kotwali Nagar, District Gonda and also prayed for quashing of impugned order dated 17.03.2025, passed by the Juvenile Justice Board, Gonda by which he has issued bailable warrant against the petitioner. 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 A.G.A 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, 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, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, in case there is no other legal impediment. 7. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court 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, they would not take any coercive action against the applicant in the aforesaid case. Order Date :- 17.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench