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2025 DAILYLAW 139058 (ALL)

AWADHESH @ PINTU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

A482/3887/2025 · 2025-05-07

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26810 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3887 of 2025 Applicant :- Awadhesh @ Pintu And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Ashish Shukla,O.P. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 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 respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned summoning order dated 29.11.2024 passed by Learned Special Judge, POCSO Act/ Additional Session Judge, Court No. 11, District- Unnao and entire criminal proceeding in case no. 2055 of 2024, State versus Kuldeep @ Mani and Others, in F.I.R./ Case Crime No. 147 of 2024, Sections-354(Kha), 323, 504, 506 I.P.C. and 7/8 POCSO Act, Police Station -Fatehpur Chaurasi, District- Unnao against the Applicants (only relates to the applicants) and as well as impugned Charge Sheet no. 255 of 2024 dated 07.11.2024 submitted by Investigation Officer against the Applicants contained as Annexure No. 1 and 2 to this petition/application, in the interest of law and justice." After arguing at some length, Sri O.P. Tiwari, 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. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 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, prayer for bail shall be considered and decided expeditiously in accordance with law. 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, he would not take any coercive action against the applicants in the aforesaid case. Order Date :- 7.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench