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2025 DAILYLAW 134323 (ALL)

HARI KESH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS

A482/3261/2025 · 2025-04-17

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21726 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3261 of 2025 Applicant :- Hari Kesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Alok Kumar Mishra,Anjali Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard 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 stay the further proceeding of Special Case No. 1203/2020 (State of U.P. Versus Harikesh) arising out of impugned charge-sheet No. 222/2019, dated 05.07.2019 filed by the investigating officer against the applicant/petitioner in Case Crime No. 0287/2019, Under Section-452, 354 I.P.C., Section-7/8 POCSO Act, 2012 & Section-3 (2) (va) of SC/ST Act, Police Station-Tandiyawan, District-Hardoi and impugned cognizance/summoning order dated 11.01.2021, passed by the court of learned Special Judge (POCSO Act), Hardoi. 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