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2025 DAILYLAW 192463 (ALL)

ASHOK KUMAR v. STATE OF U.P. AND ANOTHER

NA528/40587/2025 · 2025-10-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40587 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Learned AGA submits that copy of application under Section 528 BNSS has been served on opposite party no.2. 1-A. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application has been filed by applicant for quashing the summoning order dated 24.08.2019 in Complaint Case No.61 of 2019, under Sections 354B, 323, 504, 506 IPC and Section 7/8 POCSO Act, Police Station-Kalwari, Basti pending in the court of First Additional Session Judge/Special Judge, POCSO Act, Basti. 3. After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 528 BNSS with liberty to file bail application before the court below. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. Under the circumstances, the present application under Section 528 BNSS is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of Versus Counsel for Applicant(s) : Ram Prasad Yadav Counsel for Opposite Party(s) : G.A. Ashok Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 15 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. 6. The application under Section 528 BNSS is dismissed as withdrawn with the aforesaid liberty and direction. October 17, 2025 D. Tamang NA528 No. 40587 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad