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2025 DAILYLAW 187662 (ALL)

VISHAL RAJBHAR v. STATE OF U.P. AND 3 OTHERS

NA528/20230/2025 · 2025-07-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 20230 of 2025 Court No. - 78 HON'BLE TARUN SAXENA, J. Sri Anil Kumar Verma, learned counsel for the applicant, Sri Indra Deo, learned counsel for the opposite party no. 2 and the learned A.G.A. for the State are present. The present application under Section 528 BNSS has been filed by the applicant with the following prayer:- "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the instant application under Section 528 of BNSS 2023, and graciously be pleased to set aside / quash the impugned order dated 21.04.2025 passed by learned Additional District & Sessions Judge, Special Judge, POCSO 03/ Court No. 07, District Varanasi, in S.T. No. 889 of 2023 (State Vs. Vishal Rajbhar), arising out of Case Crime No. 41 of 2023, under Sections 363, 366, 376 of I.P.C. and Section 3/4 of POCSO Act, Police Station Sarnath, District Varanasi, pending before the learned Addl. District & Session Judge, Special Judge, POCSO 03 / Court No. 07, District Varanasi." It has been submitted by learned counsel for the applicant that by impugned order dated 21.04.2025 passed by learned Additional District & Sessions Judge / Special Judge, POCSO 03 / Court No. 7, Varanasi the bail of the juvenile applicant, which was earlier granted by the Juvenile Justice Board Bada Lalpur, Chandmari, Vaanasi on 06.04.2023, has been cancelled. Learned counsel for the opposite party no. 2 prays for and is granted three weeks' time to file counter affidavit. List on 02.04.2026 as fresh. Versus Counsel for Applicant(s) : Anil Kumar Verma Counsel for Opposite Party(s) : G.A., Indradeo Vishal Rajbhar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) In the meantime, learned A.G.A. for the State may file counter affidavit. February 24, 2026 SK Srivastava NA528 No. 20230 of 2025 2 (Tarun Saxena,J.) Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad