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2025 DAILYLAW 162514 (ALL)

UMESH AND ANOTHER v. STATE OF U.P. THRU. ITS SECY. HOME LKO. AND 3 OTHERS

NA528/1156/2025 · 2025-09-08

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1156 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, Shri Girijesh Dwivedi, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C./528 of the B.N.S.S., 2023, has been filed with the prayer to quash and set aside the Cognizance & Summoning order dated 21-03-2025, along with Impugned Charge Sheet No 24 of 2025, dated 27-01-2025, and Crl. Proceeding in S.T. No 349/2025, Case Crime No 0009/2025, Under Section 75(2), 352, 351(2) of B.N.S. & section 7/8 of POCSO Act against the Petitioner No 1 (Umesh) & U/S - 115(2) 352 of B.N.S. against the Petitioner No 2 (Anita), Police Station Jamo, District Amethi, State vs. Umesh & Another, Pending in the Court of Special Judge, POCSO Act, Court No 12, Sultanpur. Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below. At this stage, learned counsel for the applicants submits that he does Versus Counsel for Applicant(s) : Suresh Chandra Srivastava, Savita Tiwari Counsel for Opposite Party(s) : G.A. Umesh And Another .....Applicant(s) State Of U.P. Thru. Its Secy. Home Lko. And 3 Others .....Opposite Party(s) not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants. On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). The application is disposed of accordingly. September 8, 2025 AKS NA528 No. 1156 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench