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2025 DAILYLAW 20323 (ALL)

RAJAN v. STATE OF U.P. AND 3 OTHERS

NA528/5082/2025 · 2025-08-07

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134772 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 5082 of 2025 Applicant :- Rajan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manish Kumar Counsel for Opposite Party :- G.A.,Sanjay Kumar Srivastava Hon'ble Jitendra Kumar Sinha,J. 1. Heard Mr. Manish Kumar, learned counsel for the applicant, Sri Rajendra Pratap Singh holding brief of Sri Sanjay Kumar Srivastava, learned counsel for the opposite party no. 2 and Shri Pawan Srivastava, learned AGA for the State. 2. Instant application has been filed with the prayer to quash the impugned charge sheet no. 265 of 2024 dated 2.10.2024 as well as summoning order dated 21.1.2025 passed by learned Special Judge (POSCO Act), Azamgarh passed in Session Trial No. 352 of 2024 connected with Case Crime No. 320 of 2024, under sections 75, 352, 351(2) BNS and Section 7/8 POCSO Act, P.S. Pawai, District Azamgarh. It is also prayed to stay the further proceeding of aforesaid case during pendency of present application. 3. After some argument, learned counsel for the applicant gave up his challenge to the aforesaid impugned charge sheet and cognizance order against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the learned trial court. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned trial court to consider and decide the bail application of the applicant expeditiously. 4. Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by them on merits and wants to surrender before the concerned court, he has no objection in granting protection to them for a short period. 5. In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court within four weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the learned trial court in accordance with law 6. For the period of four weeks from today or till the time of surrender of the applicant before the learned trial court, whichever is earlier, no coercive action shall be taken against him. 7. With the above observations and directions, this application under Section 528 BNSS is disposed of. Order Date :- 8.8.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad