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2025 DAILYLAW 27893 (ALL)

KAPIL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/9451/2025 · 2025-03-23

Saurabh Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:43122 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9451 of 2025 Applicant :- Kapil And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar,Saurabh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Sri Shiv Sharan Tripathi, Advocate preferred 'vakalatnama' on behalf of opposite party no. 2, which is taken on record. 2. Heard learned counsel for the parties 3. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 26.10.2024, summoning/cognizance order dated 14.11.2024 passed by Additional District and Session Judge, Aligarh and the entire proceedings of Case No. 03660 of 2024 (State vs. Tanisk and others) arising out of Case Crime No. 335 of 2024, under sections 74, 115(2), 351(2), 352 BNS and Section 7/8 POCSO Act, P.S. Dehligate, District-Aligarh as well as to stay the further proceedings of abovementioned case. 4. At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicants surrender before it and apply for bail, their bail applications may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for the respondents have no objection. 5. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of one month from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law. 6. However, it is made clear that till one month from today, no coercive action shall be taken against the applicants herein. Order Date :- 24.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad