ASHOK KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/8102/2025 · 2025-06-26
Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27755 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27755 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:100435 Court No. - 66 Case :- APPLICATION U/S 528 BNSS No. - 8102 of 2025 Applicant :- Ashok Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicants; learned A.G.A for the State and perused the material on record. The present 482 Cr.P.C. application has been filed to set aside the impugned N.B.W. order dated 4.5.2024 passed by Additional District Judge/POCSO Act, Court No.03, Aligarh in Case Crime No.46 of 2018, under Sections 363, 366, 376-D IPC and 5/6 POCSO Act, Police Station Ghandi Park, District Aligarh (State of U.P. Vs. Ashok Kumar and other)
Learned counsel for the applicants submits that applicants have been falsely implicated regarding the alleged offences. Learned AGA has opposed the prayer for quashing the FIR in view of the seriousness of the allegations made against the applicants. After hearing rival contentions, this Court finds that it is not a fit case for quashing the FIR. This application is, accordingly, rejected. However, on the request of learned counsel for the applicants, it is
directed that in case applicants appear before the court below within 60 days from today and apply for regular bail/ anticipatory bail, the same shall be considered as per judgement and order of Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC). For a period of 60 days, the applicants shall not be arrested in the aforesaid case, if not already arrested. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them. It is made clear that the applicants will not be granted any further time by this Court for surrendering before the court below as directed above.
Order Date :- 27.6.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad