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2025 DAILYLAW 32709 (ALL)

NILESH MAURYA @ GUDDU v. STATE OF U.P. AND 3 OTHERS

NA528/10433/2025 · 2025-03-31

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:44454 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 10433 of 2025 Applicant :- Nilesh Maurya @ Guddu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. 2. This application has been filed by the applicant with the following prayers:- "... to quash the cognizance/ summoning order dated 23.10.2024 passed by In-charge Special Judge (POCSO Act), Azamgarh in Special Session Trial no. 313 of 2024, (State vs. Nilesh @ Guddu) under sections 354A, 452 IPC & Section 7/8 POCSO Act, and charge sheet no. 85/22 dated 02.04.2022 in as much as entire proceeding of Special Session Trial no. 313 of 2024, arising out of Case Crime no. 27 of 2022 under Section 354A, 452 IPC and Section 7/8 POCSO Act, Police Station Pavai, District- Azamgarh in the court of Special Judge (POCSO Act), Azamgarh." 3. At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 4. Learned AGA has no objection to the prayer so made. 5. Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within one month from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra). 6. For a period of one month from today, no coercive action shall be taken against the applicant. 7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant. 8. With the above direction, the instant application under Section 528 BNSS stands disposed of. Order Date :- 1.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad