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Neutral Citation No. - 2025:AHC:45989 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 10547 of 2025 Applicant :- Ramu Nishad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kamlesh Kumar Tiwari 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 to quash the entire proceeding of the Session Case no. 1593 of 2024 (State vs. Ramu Nishad) and charge sheet dated 29.06.2020 filed in Case Crime no. 443 of 2024, under sections 506, 354 IPC and Section 7/8 of POCSO Act, PS- Jhagaha, District- Gorakhpur as well as cognizance/summoning order dated 25.09.2024 passed by Additional Sessions Judge/ POCSO Act-I, Gorakhpur in the above mentioned case.
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 :- 2.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad