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2025 DAILYLAW 37751 (ALL)

RABIN v. STATE OF U.P. AND 3 OTHERS

NA528/11637/2025 · 2025-04-08

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52285 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11637 of 2025 Applicant :- Rabin Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Girijesh Kumar Gupta,Shiv Shankar Pd Gupta 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 impugned charge sheet dated 25.09.2024 and impugned cognizance order dated 7.12.2024 in FIR dated 2.9.2024 in Case Crime no. 0279/2024 under sections 74, 351(2), 126(2) of the Bhartiya Nyaya Sanhita (B.N.S.) 2023 & 7/8 of the POCSO Act, 2012, PS- Hapur Dehat, District Hapur in Criminal Case no. 1303 of 2024 (State vs. Rabin) pending before the court of learned Additional District and Sessions Judge/Special Judge, POCSO Act, Hapur. 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 :- 9.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad