HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8309 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The instant application under Section 528 of BNSS, 2023 (formerly U/S 482 Cr.P.C.) has been filed with a prayer to quash the entire proceedings of the criminal case, including the impugned Charge Sheet No. 01 dated 29.10.2022 and the Cognizance/Summoning order dated 03.07.2023, passed by the Learned Additional and Session Judge / Special Judge (POCSO) Act, Bahraich in Special Sessions Trial No. 704/2023 (State Vs Bhagwan Deen and another), arising out of Case Crime No. 0562 of 2022, under Sections 354, 323, 504, I.P.C. and 7/8 POCSO Act, Police Station- Kharighat, District- Bahraich. 3. Learned counsel for the applicant submits that the applicant is innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicant has not committed alleged offence. 4. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicant. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicant on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. 5. At this stage, learned counsel for the applicant submits that they do not want to press the application and seek liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. Versus Counsel for Applicant(s) : Rajendra Prasad Lodhi Counsel for Opposite Party(s) : G.A. Bhagwan Deen .....Applicant(s) State Of U.P. Thru. Addl. Secy. Deptt. Home Civil Sectt. Lko. And 3 Others .....Opposite Party(s) 6. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. 7. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicant appears 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 versus Central Bureau of Investigation and another (supra). 8. The appeal is disposed off accordingly. September 25, 2025 Haseen U. A482 No. 8309 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench