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Neutral Citation No. - 2025:AHC:44821 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 9391 of 2025 Applicant :- Priyesh Patel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Kumar,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the entire proceedings in S.S.T. No.930 of 2021, arising out of Case Crime No.62 of 2020, under Sections 452, 354A, 354B, 504, 506 IPC and Section 9/10 of POCSO Act & 3(1)(r)(s) of S.C./S.T. Act, Police Station-Chauri Chaura, District-Gorakhpur, pending before the court of Additional Session Judge/Special Judge, POCSO Act, Court No.1, Gorakhpur. At the very outset, learned counsel for the applicants gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. In para 11 of the application,
learned counsel for the applicants 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 courts below to consider and decide the bail application/surrender application of the applicants expeditiously. Learned A.G.A. for the State submits that in case the applicant is not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period. In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicant shall surrender before the concerned court below within three weeks from today and in case apply for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below, after hearing the informant, in accordance with law and keeping in view the guidelines as laid down by the Apex
Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For the period of thee weeks from today or till the surrender application is decided, whichever is earlier, no coercive measure shall be taken against the applicant. In case the applicant(s) does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant(s) as required under the law. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 1.4.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad