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2025 DAILYLAW 147514 (ALL)

AVASHESH YADAV AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY., HOME DEPTT., U.P. LKO. AND OTHERS

A482/6171/2024 · 2025-01-29

Om Prakash Shukla

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Neutral Citation No. - 2025:AHC-LKO:6142 Court No. - 30 Case :- APPLICATION U/S 482 No. - 6171 of 2024 Applicant :- Avashesh Yadav And Others Opposite Party :- State Of U.P. Thru. Prin. Secy., Home Deptt., U.P. Lko. And Others Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.,Akash Dikshit,Om Prakash Verma Hon'ble Om Prakash Shukla,J. Heard learned counsel for applicants as well as learned Additional Government Advocate for State. The instant application under Section 482 Cr.P.C. has been filed by the applicants Avashesh Yadav, Ram Chandra Yadav and Ashish praying for staying the entire proceedings of Complaint Case No. 26 of 2023, under Sections 323, 504, 506, 354Kha, 452 IPC & Sections 7/8 of POCSO Act, Police Station Kohadur, District Pratapgarh pending in the Court of Additional Sessions Judge/Special Judge, POCSO Act, Pratapgarh. Learned counsel for applicants, after arguing for some time, submits that present application may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773, to which learned A.G.A. has no objection. In view of the above, the instant application is dismissed as not pressed. However, it is provided that in case the applicants appear before the trial court within two weeks from today and apply for bail, the same shall be decided expeditiously, in view of the law laid down by Hon'ble the Supreme Court of India in the case of Satender Kumar Antil's case (supra). Order Date :- 29.1.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench