AKEEL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
A482/4095/2025 · 2025-05-16
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140203 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140203 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28832 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4095 of 2025 Applicant :- Akeel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard 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 main prayers:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to quash the entire proceeding of S.T. No. 1135/2021, State Versus Akeel pending in the court of Additional Sessions Judge, Judge 14/ Special Judge, POCSO Act, Sitapur, arising out of case crime no. 563/2020, Under sections 354 (a), 506, I.P.C. and section 7/8 POCSO Act at P.S. Biswan, Sitapur as well as chargesheet 05.12.2020 and summoning order dated 18.12.2021 passed by Additional Sessions Judge, Judge 14/ Special Judge, POCSO Act, Sitapur on the terms of compromise dated 18.01.2025 as contained in Annexure nos. 1 and 2 to this petition, in the interest of justice."
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 and also to prefer a discharge application before the court below and the same may be decided expeditiously.
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 with a direction to the court below that if the applicant applies for bail before the Court concerned, his 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 and the same shall be decided expeditiously, if there is no any other legal
impediment
and
in
accordance
with
law.
7. 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.
Order Date :- 16.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench