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2025 DAILYLAW 170875 (ALL)

ANUJ KUMAR SINGH @ ANUJ YADAV v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME AND 3 OTHERS

A482/12042/2024 · 2025-01-03

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Neutral Citation No. - 2025:AHC-LKO:206 Court No. - 12 Case :- APPLICATION U/S 482 No. - 12042 of 2024 Applicant :- Anuj Kumar Singh @ Anuj Yadav Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home And 3 Others Counsel for Applicant :- Ram Prasad Rajput,Sunil Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated 24-09-2024 as well as the chargesheet vide ST No- 2348/2024 State Versus Anuj Yadav U/s 323, 354 IPC and 7/8 the protection of children from sexual offences Act Ps Dubagga Lucknow pending in the court of Learned Special Judge Pocso Act Lucknow fixed for 17-12-2024, (Contained as Annexure No- 1 and 2) arising out of case crime No-168/2023 U/s 363, 366, 323, 392 IPC Ps Dubbagga District Lucknow State Versus Anuj Yadav in the interest of Justice." After arguing at some length, learned counsel for the applicants 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 Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously. Learned AGA has no objection to the prayer made by learned counsel for the applicant. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and 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. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 3.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench