CHHOTU @ JAYVEER YADAV v. STATE OF U.P. AND 3 OTHERS
NA528/13570/2025 · 2025-07-21
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39416 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39416 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:119554 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 13570 of 2025 Applicant :- Chhotu @ Jayveer Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Brijesh Kumar Mishra 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.
2. This application under section 528 BNSS has been preferred to quash the charge- sheet dated 27.12.2024, cognizance order dated 21.02.2025 and the entire proceedings of Session Case No.722 of 2025 (State vs. Avinash Yadav) arising out of Case Crime No.498 of 2024, under sections 78, 115(2), 352, 351(3) BNS and sections 11/12 of Protection of Children from Sexual Offences Act, 2012, P.S. Gagaha, District- Gorakhpur, pending in the court of learned Special Judge, POCSO Act, Court No.1, Gorakhpur.
3. At the very outset, learned counsel for the applicant 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 applicant surrenders before it and apply for bail, his bail application 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 opposite parties have no objection.
4. 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 applicant surrenders before the court concerned within a period of three weeks from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein.
Order Date :- 22.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad