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2025 DAILYLAW 187868 (ALL)

GAUSULWARA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

/2174/2025 · 2025-12-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2174 of 2025 Court No. - 29 HON'BLE DIVESH CHANDRA SAMANT, J. 1. Heard learned counsel for applicants; Learned AGA for the State and perused the record. 2. By way of the present application, the applicants made a prayer to quash the entire criminal proceeding of Special Sessions Trial No.1134 of 2025, (State versus Shafiq and another), arising out of Case Crime No.0310 of 2024, under Sections 131, 333, 115(2), 74, 351(3), 352 BNS, Police Station Jaisinghpur, District Sultanpur as well as charge sheet dated 04.02.2025 and cognizance / summoning order dated 26.08.2025, pending before the Special Judge POCSO Act, Court No.12, Sultanpur. 3. Learned counsel for the applicants do not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicants in the light of the law laid down by the Apex Court in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Bureau of Investigation and others MANU/SC/0851/2022. 4. Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicants in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras). 5. Accordingly, it is directed that if applicants appears before the trial court Versus Counsel for Applicant(s) : D.P. Dutt Tiwari Counsel for Opposite Party(s) : G.A. Gausulwara And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) within three weeks from today and apply for bail then, their bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the cases of Satender Kumar Antil (supras). 6. For a period of three weeks no coercive action shall be taken against the applicants in pursuance of aforesaid case. 7. With these direction/observation, the present application is, accordingly, disposed of. December 16, 2025 I.A. Siddiqui NA528 No. 2174 of 2025 2 (Divesh Chandra Samant,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad, Lucknow Bench