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Neutral Citation No. - 2025:AHC:70905 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3979 of 2025 Applicant :- Durvesh Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ravindra Kumar Dwivedi,Shubham Dwivedi Counsel for Opposite Party :- G.A.,Ravi Prakash Srivastava,Sachin Gautam Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Ajitam Srivastava, Advocate holding brief of Sri Ravi Prakash Srivastava, learned counsel for opposite party no.2.
2. This application under section 528 BNSS has been preferred to quash the charge- sheet dated 04.06.2024, cognizance/summoning order dated 20.01.2025 and the entire proceedings of Session Case No.17 of 2025 (State vs. Durvesh Kumar) arising out of Case Crime No.156 of 2024, under section 354B I.P.C. and sections 7/8 of Protection of Children from Sexual Offences Act, 2012, P.S. Kotwali Nagar, District- Etah, pending in the court of learned Special Judge (Exclusive Court) POCSO Act/Additional Session Judge, Etah as well as to stay the further proceedings of abovementioned case.
3. At the very outset, learned counsel for the applicant submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it and apply for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which
learned counsel for opposite parties have no objection.
4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein.
Order Date :- 5.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad